12 Jul 2017
KELLY v NEW ZEALAND POLICE [2017] NZHC 1611
- Citation
- [2017] NZHC 1611
- Court
- High Court
Court found a breach of s 23(5) (failure to treat detainee with humanity and respect) and that the breath screening result was obtained in consequence of that breach, thus improperly obtained under s 30(5)(a); however, applying the s 30(2)(b) balancing factors the Court held exclusion was not proportionate because the impropriety was inadvertent, the breath evidence was reliable, the offending was serious and public safety considerations outweighed the reasons for exclusion, so the evidence was admissible and the appeal was dismissed.