Pakpao Wattana v Richard Derrick [2016] NZFC 4217

Published 08 September 2016

Application for protection order — Domestic Violence Act 1995 — Surrey v Surrey [2008] NZCA 565. Temporary protection order was discharged and application for final protection order refused. The two part test to satisfy was whether domestic violence had occurred and whether a protection order was necessary. While some lower level domestic violence did occur (name calling and causing distress), the evidence of the applicant regarding serious allegations of sexual and physical violence was not accepted. A protection order was not necessary as the applicant did not present as a person genuinely in fear of the respondent (Surrey referred to).Judgment Date: 18 May 2016. * * * Note: names have been changed to comply with legal requirements. * * *