13 Feb 2019
COLEMAN v POLICE [2019] NZHC 140
- Citation
- [2019] NZHC 140
- Court
- High Court
Interruption by an officer to address defendant's welfare and capacity concerns did not defeat s70A because the interruption was bona fide, the defendant had been given statutory and NZBORA advice on multiple occasions, the police expressly recommenced and gave a fresh 10-minute period, the defendant had the breath result document, and there was no evidence of prejudice or unfairness; therefore there was reasonable compliance and the breath evidence was admissible, so the conviction stands.