New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reasonableness of search

Legal area

Court

18 Jul 2019

WARREN v ATTORNEY_x001e_GENERAL [2019] NZHC 1690

Citation

[2019] NZHC 1690
Court

High Court

Police visits consisting of knocking and requiring a bailee on EM bail to present at the door did not amount to a search under s 21 NZBORA given the reduced reasonable expectation of privacy of bailees subject to curfew/EM conditions and the limited intrusive nature of the checks; even if characterised as searches they were reasonable in the circumstances; appeal dismissed.
21 Sept 2017

HOLLAND v NEW ZEALAND POLICE [2017] NZHC 2284

Citation

[2017] NZHC 2284
Court

High Court

The warrantless search was lawful because the officer had reasonable grounds under s20 (butane burner plus intelligence, and a real risk evidence could be lost making obtaining a warrant impracticable), s110(h) authorised accessing the device located in the vehicle even when examined later at the station, and the search of the cellphone was focused and therefore reasonable; appeal dismissed.