22 Dec 2020
BOUWER v NEW ZEALAND POLICE [2020] NZHC 3493
- Citation
- [2020] NZHC 3493
- Court
- High Court
Section 77 cannot be read down to apply only to hip-flask defences; the plain wording and legislative history demonstrate Parliament intended a broad conclusive presumption for proceedings arising from circumstances where an evidential test was taken, so a rights-consistent interpretation was not available on the text and the conviction is upheld; a further hearing is required on the declaratory jurisdiction and justification under s5 BORA.