16 Oct 2020
FIELDING v POLICE [2020] NZHC 2728
- Citation
- [2020] NZHC 2728
- Court
- High Court
The Court dismissed the judicial review application: the pre-charge warning and harassment notice were lawful exercises of prosecutorial discretion supported by CCTV and complainant material and consistent with precedent on 'enclosed' yards; the search warrant was valid and not vitiated by any material omission or false declaration and did not disclose a jurisdictional defect; issues about seized devices and privilege do not justify return in the context of an ongoing criminal investigation and cloning under the Search and Surveillance Act is available.