5 Mar 2020
WHEKI v MINISTRY OF SOCIAL DEVELOPMENT [2020] NZHC 412
- Citation
- [2020] NZHC 412
- Court
- High Court
The High Court confirmed the District Court: MSD did not apply an unlawful blanket policy, investigators had reasonable grounds to invoke the Code's 'prejudice to the maintenance of the law' exception in the particular circumstances, the s11 evidence was not improperly obtained and, even if improperly obtained, exclusion was not proportionate under Evidence Act s30(2)(b) because intrusion was limited, conduct was not in bad faith, the evidence was reliable and the offending was of sufficient seriousness to favour admission.