25 Jul 2019
ARANGUIZ v POLICE [2019] NZHC 1765
- Citation
- [2019] NZHC 1765
- Court
- High Court
Peering over the top of the occupied toilet cubicle without prior verbal contact constituted an unreasonable search in breach of s21 NZBORA, but exclusion of the evidence (including images and the screwdriver) would be a disproportionate response under s30 Evidence Act 2006; the tap on the pocket did not amount to an unlawful search or was at most a minor technical intrusion and the screwdriver was admissible; inspection of the phone was unlawful but, after balancing, its contents were admissible.