27 Aug 2019
DAVEY v POLICE [2019] NZHC 2107
- Citation
- [2019] NZHC 2107
- Court
- High Court
The High Court held that the appellant, as a regular weekend guest acting with implied agency of absent tenants and joined by a resident daughter, effectively revoked the officer's implied licence before the officer exercised coercive powers; the officer was therefore unlawfully on the property when he required breath screening and effected arrest, rendering the arrest and the related refusal-to-submit charge unsustainable; appeal allowed and charges dismissed, no retrial.