16 Aug 2019
AHUJA v NEW ZEALAND POLICE [2019] NZHC 2010
- Citation
- [2019] NZHC 2010
- Court
- High Court
The High Court held police reasonably facilitated the appellant's right to consult a lawyer at the critical box H stage (appellant was permitted to call, offered and put through to duty lawyers and given private telephone contact), there was no breach at the box K/L stages that materially affected the obtaining of the evidential breath test, the evidential breath test was not improperly obtained nor unfair to admit, and even if there had been an impropriety the s30(3) factors weighed against exclusion; therefore the appeal was dismissed and conviction upheld.