7 Dec 2017
MABEE v NEW ZEALAND POLICE [2017] NZCA 570
- Citation
- [2017] NZCA 570
- Court
- Court of Appeal
The proposed grounds were without merit: the doctor’s s75 certificate and the statutory authorisation in s69 justified police presence and detention; any failure to specify laboratory or notify the Commissioner under s74(4) was technical and cured by s64(2) because the specimen was delivered to an approved laboratory and untampered; consequently there was no real risk of miscarriage of justice and leave to bring a second appeal was declined.