New Zealand Case Law: Decisions & Judgments

Topic

Warrantless vehicle search

Legal area

Court

22 Dec 2021

GRIGG v NEW ZEALAND POLICE [2021] NZHC 3611

Citation

[2021] NZHC 3611
Court

High Court

The Court held the appellant was arbitrarily detained after the passive breath test because the s114 LTA purpose had been exhausted and the officer's request to exit the vehicle (without informing he was free to leave) objectively gave rise to a reasonable belief he was not free to go; however the evidence from the subsequent s20 warrantless search was not excluded under s30 because the breach was brief, minor, not in bad faith, was connected to bona fide safety and drug-suspicion factors, and admission was not disproportionate to the impropriety.
8 Aug 2019

SPEIGHT v POLICE [2019] NZHC 1919

Citation

[2019] NZHC 1919
Court

High Court

Sergeant Burrell had objectively reasonable grounds under s29 SSA to search the vehicle given the recent report of theft, the appellant having driven the person seen taking the light and the appellant's inconsistent account; the incidental detention was authorised by s118; the search did not breach s21 NZBORA; the evidence was not improperly obtained and was therefore admissible; leave to appeal was refused and the appeal dismissed.
27 Jun 2016

GILLIES v R [2016] NZCA 289

Citation

[2016] NZCA 289
Court

Court of Appeal

The Court held the warrantless search was lawful under s28 Search and Surveillance Act 2012 because cumulative factors including time, gang associations, false identity, agitation and the appellant wearing a stab/bulletproof vest gave reasonable grounds to suspect weapons were in the vehicle; the search was also reasonable in execution given public safety risks and minimal intrusion; the subsequent warrant and search were valid and the evidence is admissible at trial; no unredacted disclosure or counsel assisting was required.

New Zealand Case Law

GRIGG v NEW ZEALAND POLICE [2021] NZHC 3611

SPEIGHT v POLICE [2019] NZHC 1919

GILLIES v R [2016] NZCA 289