5 Aug 2016
MCCARTIN v THE QUEEN [2016] NZHC 1807
- Citation
- [2016] NZHC 1807
- Court
- High Court
The information provided to the Commanding Officer, while close, met the lower objective standard of reasonable grounds to suspect under s95 AFDA because it was specific, corroboratable and provided an eyewitness element; the search was lawful and did not breach s21 NZBORA; accordingly the evidence was admissible and Judge Gaskell's ruling admitting the evidence is confirmed. Even if the search were improperly obtained, s30 balancing would have favoured admission given the seriousness and centrality of the evidence and lack of alternatives.