6 Mar 2008
ROCHFORD V ATTORNEY-GENERAL SUED FOR AND ON BEHALF OF THE NEW ZEALAND POLICE HC NEL CIV-2007-442-454
- Citation
- openlaw-a72df70f_fa17_47b7_bdbc_2591e09f185b.pdf
- Court
- High Court
Given the District Court findings that the affidavit defects were carelessness rather than bad faith, that the warrant would have been granted had proper information been provided, and that the search execution was not markedly unreasonable, the breach was at the lower end of seriousness; under Taunoa damages are discretionary and not mandatory, and a declaration plus indemnity costs was an adequate and effective remedy, so dismissal of the appeal was justified.