Raymund Winslow-Burton v Kimbra Poindexter [2016] NZFC 1953

Published 31 July 2016

Discharge of protection order — Domestic Violence Act 1995, s 4. The applicant sought and was granted a discharge of a final protection order under s 47 of the Act. It was noted that Parliament had vested a wide discretion in the Court to discharge such orders “If it thinks fit”. Accordingly, the Court looked to case law for the relevant considerations in determining whether discharge was appropriate. It was relevant that the protected person’s view of the harm posed if the protection order was discharged did not appear objectively reasonable to the Judge. Family Violence Incident Reports provided by the New Zealand Police did not substantiate such fears. Factors such as the applicant being in a new relationship at a significant physical distance from the respondent, and having attended a Living Without Violence course, contributed to the Judge’s determination that the respondent’s ongoing fears were unreasonable. The protection order was discharged.**Note: names have been changed to comply with legal requirements.