Man argues there was no close personal relationship under Family Violence Act
New Zealand’s Supreme Court has dismissed an application for leave to appeal against a judgment of the Court of Appeal that affirmed the imposition of a protection order under s 123B of the Sentencing Act 2002.
The applicant in Dixon v R [2026] NZSC 58 met the victim in 2017 and had a relationship with her that lasted approximately a year to a year and a half and that included sexual intimacy.
The victim said she had a very close relationship with the applicant, whom she described as her best friend. After their relationship ended, the applicant became upset and threatened suicide. The victim stopped contacting him.
In January 2022, the applicant used intimate photos of the victim to make fake online advertisements, which offered sexual services and led to people contacting and visiting her. The applicant received a sentence for:
The applicant then faced an arson charge for setting the victim’s car on fire at her home on 17 September 2022. While he disputed the arson charge, the applicant pleaded guilty to:
On 4 September 2024, a jury found the applicant guilty. On all three charges, a sentencing judge of the District Court of New Zealand set four years of imprisonment, ordered the applicant to pay $3,620.70 in reparations, and imposed a protection order.
In affirming the protection order, the Court of Appeal of New Zealand saw enough basis for a close personal relationship between the applicant and the victim.
The applicant applied for leave to appeal. In his proposed appeal, he alleged that:
The Supreme Court of New Zealand denied leave to appeal. The Supreme Court acknowledged that it had yet to address s 14(3) of the Family Violence Act, which might raise an issue of principle with general or public importance in the future.
However, the Supreme Court found:
