19 Sept 2019
SMITH v NEW ZEALAND POLICE [2019] NZHC 2371
- Citation
- [2019] NZHC 2371
- Court
- High Court
The appellate court held the s18 firearms warrantless search, although meeting the textual elements of s18, was unreasonable because there was no urgency and a s6 search warrant was practicable given the information and time available; nevertheless, balancing under s30 favoured admitting the firearms evidence in the public safety context; the s20 drugs search was unlawful and unreasonable because police did not consider practicability of a warrant nor the likelihood evidential material would be compromised, so cannabis evidence is excluded under s30.