New Zealand Case Law: Decisions & Judgments

Topic

Evidence act 2006 s30

Legal area

Court

24 Sept 2020

COOPER v NEW ZEALAND POLICE [2020] NZHC 2514

Citation

[2020] NZHC 2514
Court

High Court

Although the vehicle search under s20 was unlawful (officer failed to form an objectively credible belief it was not practicable to obtain a warrant), exclusion of the methamphetamine pipe evidence was disproportionate under Evidence Act s30 because the officer acted in good faith, there was moderate urgency and available lawful powers to seize the item in plain view; however the trial judge failed to provide adequate reasons on the possession finding for the pipe and that conviction was set aside for lack of adequate reasoning, and the conviction for possession of a knife was overturned beca…
31 Jul 2018

WINDERS v R [2018] NZCA 277

Citation

[2018] NZCA 277
Court

Court of Appeal

Propensity evidence admitted did not materially differ from pre-trial descriptions and, with careful directions, did not produce miscarriage; the police interview had been ruled admissible on pre-trial appeal and absent any material change in facts or law the Court will not relitigate that ruling on conviction appeal (any further challenge must go to the Supreme Court); juror concerns were minor and appropriately handled by the judge without creating prejudice; factual findings established calculated planning so s104(1)(b) applied and the 17-year minimum was required; the NZBORA breach did no…
9 Jun 2017

MICHAEL JOHN DENNEY v R [2017] NZSC 85

Citation

[2017] NZSC 85
Court

Supreme Court

Leave to appeal was refused because the proposed grounds were specific to the case and did not raise matters of general or public importance and there was no real risk of miscarriage of justice given the Court of Appeal's conclusion that the verdict was reasonable and the trial judge's directions were sufficient.
27 Mar 2017

DENNEY v R [2017] NZCA 80

Citation

[2017] NZCA 80
Court

Court of Appeal

Appeals dismissed: jury verdict was reasonable having regard to all evidence; the disputed police note was obtained unfairly under the Practice Note but its admission was proportionate under s30 balancing and did not cause a miscarriage of justice; trial judge's directions on reliability and expert evidence were adequate; the sentence was within the appropriate Taueki band and the provocation discount acceptable.
26 Oct 2016

KARL LESLIE RAYMOND MARWOOD v COMMISSIONER OF POLICE [2016] NZSC 139

Citation

[2016] NZSC 139
Court

Supreme Court

The Supreme Court held that although the courts retain jurisdiction to exclude improperly obtained evidence (rooted in inherent powers and NZBORA) and the Evidence Act s30 governs exclusion in criminal proceedings, that jurisdiction was not ousted for civil CPRA proceedings; however, on an evaluative assessment the exclusion remedy was not proportionate in the circumstances of this case (sloppy but not bad‑faith policing, prior vindication in criminal proceeding, civil nature of forfeiture, availability of other remedies), and therefore the disputed evidence is admissible; the appeal is dismi…
22 Jul 2016

WINDERS v R [2016] NZCA 350

Citation

[2016] NZCA 350
Court

Court of Appeal

The Court granted leave but dismissed the appeal: it upheld the trial judge's admission of the propensity evidence under s43 because the incidents formed a coherent pattern probative of a tendency to use firearms dangerously and the probative value outweighed prejudice; it held the photo montage qualified as a formal procedure under s45(1) because the 10–24 day delay was reasonable in the investigative context and the montage was fair, so the identification was admissible; and it held the interview statements admissible because there was no causal nexus between the unlawful arrest/detention a…

New Zealand Case Law

COOPER v NEW ZEALAND POLICE [2020] NZHC 2514

WINDERS v R [2018] NZCA 277

MICHAEL JOHN DENNEY v R [2017] NZSC 85

DENNEY v R [2017] NZCA 80

KARL LESLIE RAYMOND MARWOOD v COMMISSIONER OF POLICE [2016] NZSC 139

WINDERS v R [2016] NZCA 350