12 Aug 2021
ELLEY v NEW ZEALAND POLICE [2021] NZHC 2097
- Citation
- [2021] NZHC 2097
- Court
- High Court
Counsel's failure to advise the appellant of the viable legal challenge to the warrantless s20 searches deprived her of the opportunity to contest unlawfully obtained evidence; the ground searches were unlawful because s20 prerequisites were not met and there were no reasonable grounds for immediate warrantless entry; the unlawfully obtained physical evidence and contemporaneous admissions were inadmissible under s30 Evidence Act 2006; the guilty pleas therefore produced a miscarriage of justice and the convictions were quashed with no retrial directed.