12 May 2016
OSCILOWSKI V NEW ZEALAND POLICE [2016] NZCA 195
- Citation
- [2016] NZCA 195
- Court
- Court of Appeal
The court held that refusal to undergo an evidential breath test can occur before the electronic testing sequence is completed when the person being tested deliberately fails or refuses to cooperate such that the process cannot be completed; on the facts the appellant deliberately thwarted the tests and the proposed grounds for a second appeal do not meet the statutory threshold for leave, so leave is declined.