11 Oct 2022
HE v POLICE [2022] NZHC 2618
- Citation
- [2022] NZHC 2618
- Court
- High Court
The High Court found no credible evidence that police threatened arrest or misrepresented that refusal would lead to custody; the sergeant's conduct was firm but not oppressive, the prosecution negated any reasonable possibility that consent was unfairly obtained, and even if a causative link existed exclusion under s30 would be disproportionate, therefore the blood sample was admissible and the conviction stands.