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New Zealand Police v Samsudeen [2021] NZDC 17614

Published 13 September 2021

Interim name suppression — revocation of refugee status — risk of deportation — notification to family members — stay application. The defendant had previously been granted interim name suppression by the High Court on the grounds that he was at risk of losing his refugee status and being deported from New Zealand. The District Court had subsequently made an order recognising the defendant's name suppression. The day prior to the current application, the defendant had been involved in a high profile incident which led to the High Court revoking his name suppression. However the High Court had suspended the revocation order for a 24-hour period, to enable the defendant's counsel to notify the defendant's family of the status of his name suppression order. After hearing arguments from counsel, the Court accepted that appropriate efforts had been made to contact the defendant's family. All counsel agreed that the suppression order should be lifted. The Court found that there was no longer any need for the defendant to have name suppression, and revoked the suppression orders. The Court added that it would subsequently hear an application for stay of proceedings relating to other charges that the defendant faced, once the Solicitor-General granted the prosecution the authority to apply for the stay. Judgment Date: 4 September 2021