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.