1 Apr 2021
S v THE COMMISSIONER OF POLICE & ANOR [2021] NZHC 743
- Citation
- [2021] 3 NZLR 392
- Court
- High Court
Police do not have lawful authority at common law to issue and record a formal written warning on the NIA in relation to serious offending absent an unequivocal admission; because the warning was not prescribed by law and materially affected the applicant's rights under s27 NZBORA (natural justice) without prior notice or opportunity to contest that outcome, the decision was unlawful and must be set aside; consequential orders including removal of NIA entry and notification are appropriate.