New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Validity of search warrant

Legal area

Court

10 Sept 2019

ANTHONY MILTON MAWHINNEY v AUCKLAND COUNCIL [2019] NZSC 96

Citation

[2019] NZSC 96
Court

Supreme Court

Leave to appeal was refused because the issues raised can be adequately pursued on any post-conviction appeal and it is not necessary in the interests of justice to hear the proposed appeal before trial; the Court of Appeal's balancing under s30 was not shown to justify leave.
11 Oct 2007

VAN DELDEN AND WOODS, LIQUIDATORS OF CASE BOREHAM & ASSOCIATES LIMITED - DIRECT LABOUR SERVICES LIMITED V JAMIE LOCKETT HC AK CIV 2007-404-006384

Citation

openlaw-08a3a39b_4407_4ed6_ac02_8f7941f41f66.pdf
Court

High Court

The Court granted an interim injunction because there was a strong arguable case that the warrant was invalid given s 198's requirement that warrants be executed by police and because the warrant failed to identify the issuing officer and did not address privileged material; the balance of convenience favoured leaving the documents in the custody of the liquidators on their undertaking.