New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Exclusionary rule

Legal area

Court

7 Dec 2016

LE GROS v R [2016] NZCA 586

Citation

[2016] NZCA 586
Court

Court of Appeal

The cumulative material in the warrant application — concordant witness descriptions, timing and vehicle evidence, photo montage selection, the defendant's vehicle ownership and occupation as a second‑hand dealer, and the match between items of interest and stolen property — provided reasonable grounds to believe stolen property would be at the defendant's residence, so the s6 warrant was lawfully issued and the appeal on that ground fails.
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…