New Zealand Case Law: Decisions & Judgments

Topic

Bill of rights s21

Legal area

Court

6 Nov 2019

THE COMMISSIONER OF POLICE v THOMAS CHENG [2019] NZHC 2888

Citation

[2019] NZHC 2888
Court

High Court

The Court found there remain reasonable grounds to believe the respondents unlawfully benefited from significant criminal activity (money laundering and tax evasion) and that several properties/accounts are tainted or represent unlawful benefit; given the complexity, offshore elements and outstanding mutual assistance, the delay is justified and an extension of the restraining orders for 12 months is reasonable and granted, subject to the Commissioner progressing forfeiture promptly.
23 Apr 2015

SOUTHERN STORM FISHING (2007) LTD v THE CHIEF EXECUTIVE, MINISTRY OF FISHERIES CA132/2013 [2015] NZCA 38

Citation

[2015] NZAR 816
Court

Court of Appeal

Where the invasion of privilege was minimal and officers took steps to protect privilege, and where factual disputes about the scope and conduct of the search made the matter unsuitable for pre‑emptive judicial review, no fundamental jurisdictional defect was established; judicial review was properly declined and the appeal dismissed.
24 Mar 2011

HAMED and OTHERS v R SC 125/2010 and Others

Citation

HAMED and OTHERS v R SC 125/2010 and Others
Court

Supreme Court

The Supreme Court will grant leave to hear a pre-trial appeal under s379AB only where, applying s13(4) of the Supreme Court Act 2003, it is necessary in the interests of justice to decide the interlocutory issue before the proceeding concludes; because the Court of Appeal's interpretation of s198 would bind the trial judge and preclude re-assessment under s30 at trial, leave was necessary and is granted to determine lawfulness of the surveillance/searches and the alternative s30 admissibility question.
17 Jun 2008

CROPP V A JUDICIAL COMMITTEE AND ANOR SC 68/2007

Citation

CROPP V A JUDICIAL COMMITTEE AND ANOR SC 68/2007
Court

Supreme Court

Section 29(2)(d) of the Racing Act, read consistently with the Bill of Rights and common law, authorises NZTR to make rules permitting random drug-testing of jockeys for race-day safety; such rules are not ultra vires or an unreasonable search under s21 when aimed at safety, proportionate and applied reasonably; consent cannot validate an otherwise unlawful rule but procedural deficiencies in a protocol affect individual exercise of power rather than rule validity; compulsory bodily samples do not attract privilege against self-incrimination.

New Zealand Case Law

THE COMMISSIONER OF POLICE v THOMAS CHENG [2019] NZHC 2888

SOUTHERN STORM FISHING (2007) LTD v THE CHIEF EXECUTIVE, MINISTRY OF FISHERIES CA132/2013 [2015] NZCA 38

HAMED and OTHERS v R SC 125/2010 and Others

CROPP V A JUDICIAL COMMITTEE AND ANOR SC 68/2007