New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Search warrants validity

Legal area

Court

13 Jul 2015

BRUCE BRENDON VAN ESSEN v THE ATTORNEY-GENERAL [2015] NZSC 101

Citation

[2015] NZSC 101
Court

Supreme Court

Leave to appeal was dismissed because, on the facts and legal findings of the lower courts, the warrants were technically deficient but supported by an evidential basis, the defects were not of sufficient gravity to raise issues of public or general importance or to show a miscarriage of justice, and therefore the Supreme Court would not grant leave.
30 Apr 2007

MA V THE ATTORNEY-GENERAL (SUED ON BEHALF OF THE POLICE) AND ANOR HC AK CIV 2006-404-1371

Citation

openlaw-588d145f_b9f4_4659_80bc_6c3e26ad9ea6.pdf
Court

High Court

The plaintiff failed to establish that relevant undisclosed documents existed in the defendants' control or to overcome the conclusivity of the defendants' discovery affidavits, so the application for further and better discovery was dismissed; the court declined to stay the proceeding but imposed an unless order requiring payment of the outstanding $4,400 costs award and strict compliance with the discovery order by specified deadlines, and amended the hearing timetable accordingly.