19 Jul 2011
ARTHUR WILLIAM TAYLOR V THE ATTORNEY-GENERAL HC AK CIV 2010-485-2226
- Citation
- openlaw-c797f36b_a168_4037_941e_dc218db68746.pdf
- Court
- High Court
Court held the variation of the District Court compulsion order without notice to the affected prisoner breached s27 NZBORA because the change affected jurisdictional time limits and required a right to be heard; the forced taking of the buccal sample was unlawful and unreasonable and therefore breached s21 NZBORA; ss10 and 11, s22 and s23(5) were not breached on the facts; damages were refused because the breach was relatively minor, police acted in good faith and a declaration provided adequate vindication and remedy.