26 Aug 2003
THE ATTORNEY-GENERAL V P F SUGRUE LIMITED CA CA106/02
- Citation
- openlaw-eb01b039_cdda_4a82_a646_e5085862606b.pdf
- Court
- Court of Appeal
The seizure of the helicopter and rifle was lawful under s13(1)(c) because the warranted officer had good reason to believe the items had been used in contravention of the Wild Animal Control Act and the decision to seize was objectively justifiable for legitimate statutory purposes (prevention/deterrence, forensic examination and preserving items for forfeiture); consequently the seizure was not unreasonable under s21 NZBORA and no Baigent damages were payable; the High Court judgment awarding damages was set aside and the respondent's trespass cross-appeal failed.