19 May 2017
S v POLICE [2017] NZHC 1060
- Citation
- [2017] NZHC 1060
- Court
- High Court
The Court struck out all of S's claims as clearly untenable because the warrant was facially valid, no jurisdictional or fundamental defect was pleaded or evidenced, bad faith allegations were speculative without particulars, and judicial review is not the correct forum to litigate non-fundamental challenges to searches in the context of active criminal proceedings. D's claim for arbitrary detention was not clearly untenable and may proceed if properly pleaded confined to that cause of action; most seized documents were ordered released to Police while a small subset potentially attracting pr…