24 Sept 2020
DELIU v NEW ZEALAND POLICE [2020] NZHC 2506
- Citation
- [2020] NZHC 2506
- Court
- High Court
The warranted search engaged s143 and was unlawful because no lawyer's representative validly performed the statutory role and the NZLS was not engaged as required; the officer's order that the plaintiff was "detained pursuant to this search warrant" was not authorised under the statutory detention regime (s118) and in context produced an unlawful, arbitrary detention under s22 NZBORA lasting about 20–35 minutes; false imprisonment and misfeasance in public office were not established on the facts; plaintiff awarded declaration, $3,000 and written apology.