11 Jun 2019
MELANIE WICHART v NEW ZEALAND POLICE [2019] NZCA 212
- Citation
- [2019] NZCA 212
- Court
- Court of Appeal
Leave to bring a second appeal was declined because the proposed grounds lacked merit and did not meet the statutory threshold: there was no evidential basis that the blood collection kit had an expiry date or was expired and the Notice prescribes no expiry requirement; the analyst's certificate stands absent proof to the contrary and there was no evidence of non‑compliance with the request to forward the second sample; accordingly there was no appreciable risk of miscarriage of justice.