16 Feb 2021
HURITU v NEW ZEALAND POLICE [2021] NZCA 15
- Citation
- [2021] NZCA 15
- Court
- Court of Appeal
On the facts the complainant was unavailable because her whereabouts were unknown despite reasonable and diligent efforts (including prior arrest on earlier trial date and searches on the day), the written statement was made in circumstances affording reasonable assurance of reliability and its probative value was not outweighed by unfair prejudice, and s22 notice requirements could properly be dispensed with; therefore admission of the statement was correct and the appeal is dismissed.