New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Improperly obtained evidence (s30 evidence act 2006)

  • 10 Feb 2015

    R v PRESTON [2015] NZHC 120

    Citation
    [2015] NZHC 120
    Court
    High Court

    The Court admitted the recorded journalist interview and the propensity evidence: the interview was voluntary and not improperly obtained so admissible; the propensity evidence, although years old and occurring in China, involved the same victim and an ongoing, tempestuous relationship making the evidence sufficiently probative on identity and not unfairly prejudicial when properly directed to the jury.

    • Admissibility of evidence
    • Propensity evidence (s43 evidence act 2006)
    • Improperly obtained evidence (s30 evidence act 2006)
    • Hearsay (s40 evidence act 2006)
    • Journalist interview evidence
    • Pre-trial suppression/publication order

  • 13 Jul 2010

    BLOOMFIELD V R SC 57/2010

    Citation
    SC 57/2010
    Court
    Supreme Court

    The application for leave was dismissed because the statement was not shown to be improperly obtained: there was no arguable oppression under s29, any breach of Practice Note r(5) was acknowledged and properly considered by the Court of Appeal under s30(6), there was no real dispute about what the detective said, and the applicant understood her rights and obtained counsel before making admissions, so exclusion was not warranted.

    • Admissibility of statements to police
    • Oppression (s29 evidence act 2006)
    • Improperly obtained evidence (s30 evidence act 2006)
    • Practice note - police questioning r(4) and r(5)
    • Right to counsel (bill of rights)