29 Oct 2021
FROOD v NEW ZEALAND POLICE [2021] NZHC 2907
- Citation
- [2021] NZHC 2907
- Court
- High Court
Exemption in r 1.8 applied because parking on the flush median was reasonably necessary to execute the police checkpoint safely; there was no sufficient causal connection between the checkpoint set-up and the subsequent stop and breath testing to render the evidence improperly obtained; alternatively, even if evidence were improperly obtained, exclusion under s 30 would not be proportionate given the minor impropriety and public safety considerations; appeal dismissed and conviction upheld.