5 Sept 2016
Leave to bring a second appeal was declined because the proposed grounds were factual or technical, did not raise questions of general or public importance, and did not establish a real risk of miscarriage of justice; minor omission in the warrant and factual disputes about scope and privacy did not justify appellate guidance or exclusion of evidence in this case.
5 Aug 2016
The information provided to the Commanding Officer, while close, met the lower objective standard of reasonable grounds to suspect under s95 AFDA because it was specific, corroboratable and provided an eyewitness element; the search was lawful and did not breach s21 NZBORA; accordingly the evidence was admissible and Judge Gaskell's ruling admitting the evidence is confirmed. Even if the search were improperly obtained, s30 balancing would have favoured admission given the seriousness and centrality of the evidence and lack of alternatives.
24 May 2016
The Court held the search warrant was valid on the available material, the appellant was unlawfully detained and strip-searched but the police misconduct was a mistake rather than deliberate bad faith, and on a s30 balancing of factors admission of the 39 g methamphetamine evidence was proportionate because the evidence was cogent and the offending serious, therefore exclusion would be disproportionate.