New Zealand Case Law: Decisions & Judgments

Topic

Evidential breath testing

Legal area

Court

4 Dec 2023

SONG v NEW ZEALAND POLICE [2023] NZHC 3498

Citation

[2023] NZHC 3498
Court

High Court

Although the appellant's intoxication and limited English provided an evidential basis to challenge understanding, the Crown discharged the burden on the balance of probabilities by adducing objective evidence (roadside interaction, affirmative acknowledgements, subsequent Mandarin advice and lawyer contact and conduct consistent with comprehension) that the appellant understood his right to consult a lawyer at the roadside; therefore there was no breach of s 23(1)(b) and no miscarriage of justice.
27 Jul 2023

HENDRIKS v NEW ZEALAND POLICE [2023] NZHC 1978

Citation

[2023] NZHC 1978
Court

High Court

The trial judge reasonably accepted the constable's oral evidence that the solitary 'yes' entry on the electronic EBA form was a data‑entry error; the officer consistently recorded 'no' in the comments and promptly corrected his account when he realised the mistake, so the statutory offers of counsel occurred and no miscarriage of justice arose; the appeal is dismissed.
25 May 2023

GILBERT v POLICE [2023] NZHC 1252

Citation

[2023] NZHC 1252
Court

High Court

Judge's finding that the officer followed the POL515 procedure and that the appellant was likely confused by the $700 infringement fee stated in the form (not told he would pay $720 medical/analyst fees) is supported by the record and witness signatures; no unfair obtaining of evidential breath result, therefore conviction stands and appeal dismissed.
18 Mar 2022

RITCHIE v POLICE [2022] NZHC 494

Citation

[2022] NZHC 494
Court

High Court

Judge Turner correctly found the prosecution had a strong circumstantial case identifying the appellant as the driver, defence counsel's advice was reasonable and not materially deficient, the arrest/detention did not render the evidential breath test inadmissible, and therefore refusal to allow withdrawal of guilty pleas did not create a miscarriage of justice; appeal dismissed and convictions upheld.
26 May 2020

TONGA v NEW ZEALAND POLICE [2020] NZHC 1106

Citation

[2020] NZHC 1106
Court

High Court

The High Court accepted the trial judge's credibility findings that the appellant understood his right to counsel and voluntarily and unequivocally declined to consult a lawyer after being offered facilitation; the police had taken reasonable steps to facilitate access to counsel of choice, and even if there were any marginal shortcomings exclusion under s30 would be disproportionate, therefore the appeals against conviction and sentence were dismissed.
7 Nov 2018

FREEMAN v NEW ZEALAND POLICE [2018] NZCA 480

Citation

[2018] NZCA 480
Court

Court of Appeal

Leave to bring a second appeal was declined because the proposed grounds did not raise a matter of general or public importance and no miscarriage of justice was shown; the 2015 Notice does not prescribe that the display result can only be proven by reference to the display panel and an unimpeached machine printout may establish the result; provisions in the 2015 Notice fall within the ambit of s 64(2) of the Land Transport Act 1998.

New Zealand Case Law

SONG v NEW ZEALAND POLICE [2023] NZHC 3498

HENDRIKS v NEW ZEALAND POLICE [2023] NZHC 1978

GILBERT v POLICE [2023] NZHC 1252

RITCHIE v POLICE [2022] NZHC 494

TONGA v NEW ZEALAND POLICE [2020] NZHC 1106

FREEMAN v NEW ZEALAND POLICE [2018] NZCA 480