New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Formal warnings

Legal area

Court

20 Dec 2023

LINCOLN v THE ATTORNEY-GENERAL [2023] NZHC 3822

Citation

[2023] NZHC 3822
Court

High Court

The formal warnings were unlawful because, as explained in S v Commissioner of Police, they lacked a prescribed-by-law basis and were issued without the required informed admission and consent such that they operated like conviction-equivalent records; however, they did not constitute an unlawful bargain not to prosecute and the Police owed no duty under s27 NZBORA to consult the complainant before exercising prosecutorial discretion. The applicant's review is dismissed.
1 Apr 2021

S v THE COMMISSIONER OF POLICE & ANOR [2021] NZHC 743

Citation

[2021] 3 NZLR 392
Court

High Court

Police do not have lawful authority at common law to issue and record a formal written warning on the NIA in relation to serious offending absent an unequivocal admission; because the warning was not prescribed by law and materially affected the applicant's rights under s27 NZBORA (natural justice) without prior notice or opportunity to contest that outcome, the decision was unlawful and must be set aside; consequential orders including removal of NIA entry and notification are appropriate.