30 Aug 2022
CAVANAGH v NEW ZEALAND POLICE [2022] NZHC 2174
- Citation
- [2022] NZHC 2174
- Court
- High Court
The Judge properly exercised discretion under s5 of the Costs in Criminal Cases Act: police acted in good faith, had reasonable grounds to trespass and arrest based on the facts, conducted the investigation and prosecution properly, the appellant's obstructive conduct materially contributed to the arrest, and claimed personal accommodation and property losses are not recoverable as defence costs; accordingly costs were not justified and the appeal is dismissed.