2 Sept 2011
HAMED v R SC 125/2010
- Citation
- SC 125/2010
- Court
- Supreme Court
Search warrants under s 198 did not authorise covert prospective filmed surveillance; absent statutory authority covert secret filming of people is unlawful and, where conducted, constitutes unreasonable search in breach of s 21 NZBORA; evidence obtained by such surveillance (except footage of vehicle movements on Reid Road and certain physical scene evidence) was improperly obtained and, applying s 30 Evidence Act, exclusion of that filmed surveillance was proportionate for appellants not charged with the s 98A offence whereas the same evidence was admitted for appellants charged with partic…