22 Oct 2015
LISTON-LLOYD v THE COMMISSIONER OF POLICE [2015] NZHC 2614
- Citation
- [2015] NZHC 2614
- Court
- High Court
The unlawful taking and retention of the applicant's DNA profile under a databank compulsion notice that lacked lawful basis (offence was not a qualifying 'relevant offence') amounted to an unreasonable search and seizure in breach of s 21 NZBORA; the s 22 claim failed because any belief of detention was not objectively reasonable; a restrained award of NZD 2,500 is necessary to provide an effective remedy for the s 21 breach.