New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Random drug testing

Legal area

Court

26 Apr 2018

GREER v CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS [2018] NZHC 813

Citation

[2018] NZHC 813
Court

High Court

Interim suspension of the IDU status was granted because the applicant presented a genuine challenge with potential for real and non-minimal disadvantage if restrictions remained in place, the balance of convenience favoured interim relief, and there was no clear reason to refuse relief provided the applicant complied with a case timetable; relief may be revisited if the applicant delays without reasonable excuse.
17 Jun 2008

CROPP V A JUDICIAL COMMITTEE AND ANOR SC 68/2007

Citation

CROPP V A JUDICIAL COMMITTEE AND ANOR SC 68/2007
Court

Supreme Court

Section 29(2)(d) of the Racing Act, read consistently with the Bill of Rights and common law, authorises NZTR to make rules permitting random drug-testing of jockeys for race-day safety; such rules are not ultra vires or an unreasonable search under s21 when aimed at safety, proportionate and applied reasonably; consent cannot validate an otherwise unlawful rule but procedural deficiencies in a protocol affect individual exercise of power rather than rule validity; compulsory bodily samples do not attract privilege against self-incrimination.