13 Jul 2021
PRESCOTT v NEW ZEALAND POLICE [2021] NZCA 315
- Citation
- [2021] NZCA 315
- Court
- Court of Appeal
Leave to bring a second appeal was declined because the proposed appeal did not raise a sufficiently arguable and important question of law under s60(2) Senior Courts Act 2016 given the established facts; Chapman v DPP applies such that the constable's mistaken statutory belief did not vitiate the arrest where he reasonably suspected facts amounting to obstruction; factual findings could not be properly re-litigated on a second appeal.