24 May 2021
RICHTER v THE NEW ZEALAND POLICE [2021] NZHC 1165
- Citation
- [2021] NZHC 1165
- Court
- High Court
Appeal dismissed: the High Court held s49 requires proof only of contravention and knowledge and places on the defendant the burden to prove reasonable excuse; the trial judge legitimately preferred the complainant's evidence, the 14 March encounter and circumstantial evidence supported the inference the appellant had seen the complainant enter the pool, and any procedural omissions (absence of explicit tripartite direction or full s92-style questioning) did not produce a miscarriage of justice.