16 May 2016
RIHIA v R [2016] NZCA 200
- Citation
- [2016] NZCA 200
- Court
- Court of Appeal
Under s 30 the evidence was admissible: the motel occupant's privacy interest was distinctly less than in a private home, the police error in relying on s 77 was made in good faith and under urgency, the real evidence was of high value and visible lawfully from the doorway, and lawful powers (s 117) existed to secure the scene so admission was proportionate; accordingly leave granted but appeal dismissed.