22 Jun 2022
TAIT v NEW ZEALAND POLICE [2022] NZHC 1482
- Citation
- [2022] NZHC 1482
- Court
- High Court
The constable did not have a lawful power to search the appellant because the prosecution failed to prove the appellant was "in or on" the place as required by s19 and the warrant mis-stated the scope using "at the place"; s118 detention alone does not authorise a search, therefore the conviction for failing to assist was unsafe and was quashed.