17 Dec 2015
THE COMMISSIONER OF POLICE v MARWOOD & ORS [2015] NZCA 608
- Citation
- [2015] NZCA 608
- Court
- Court of Appeal
The Court held there is no jurisdiction to exclude improperly obtained evidence in a civil CPRA proceeding on the basis of NZBORA s21 because Evidence Act s30 confines the statutory exclusionary balancing regime to criminal proceedings and the NZBORA does not independently create an exclusionary rule for civil trials; accordingly the evidence seized from the 6 July 2010 search is admissible in the CPRA trial (and in any event, if a discretion existed the court would admit the evidence).