11 Jun 2014
R v LUNDY [2014] NZHC 1315
- Citation
- [2014] NZHC 1315
- Court
- High Court
The Court dismissed the Crown's application for formal approval but held that the Crown, where it has possession of exhibits, is ordinarily entitled to conduct destructive testing without prior court approval provided it notifies the defence and affords them reasonable opportunity to observe, participate and propose alternative testing; the Court will intervene chiefly where exhibits are in court custody, where s 19 disclosure rights have been denied, or where a defence proposal conflicts and cannot be accommodated and raises s 24(d) NZBORA issues.
- Destructive testing of exhibits
- Disclosure obligations
- Fair trial s 24(d) nzbora
- Court supervision of evidence
- Pre-trial orders
- Retention and preservation of exhibits