New Zealand Case Law: Decisions & Judgments

Topic

Self-incrimination

Legal area

Court

27 Apr 2023

COMMISSIONER OF POLICE v FRANKLIN [2023] NZHC 727

Citation

[2023] NZHC 727
Court

High Court

The High Court held the search evidence was admissible in the civil CPRA forfeiture proceeding because exclusion would be disproportionate given the officers acted in good faith and the breach was not grossly negligent; the District Court criminal ruling did not preclude re-evaluation in the distinct civil forum; and the self-incriminating statements are admissible in the civil proceeding under the amended s 165 CPRA (which expressly permits their use in specified civil proceedings).
14 Jul 2020

W (CA641/2019) v R [2020] NZCA 286

Citation

[2020] NZCA 286
Court

Court of Appeal

The conviction was quashed because there was reasonable doubt about what the appellant actually swore given obvious acknowledged alterations on the exhibit and absence of the original document to allow necessary inferences; the Crown failed to prove beyond reasonable doubt that she swore the exhibit was a true unaltered copy and that she intended to mislead, rendering the verdict unsafe; no retrial was ordered given sentence served and circumstances.
19 Dec 2019

CLARKSON v R [2019] NZCA 671

Citation

[2019] NZCA 671
Court

Court of Appeal

Leave to bring a second appeal was granted in relation to the first two grounds because a conviction for assault is serious and the issues could raise a miscarriage of justice, but on the merits the Court concluded there was no conflict of interest and the advice given was legally adequate and comprehensive, the appellant had made an informed decision to plead guilty influenced by multiple factors known before the court appearance, and there was no real risk the outcome would have been different; accordingly the second appeal against conviction was dismissed.
15 Oct 2019

LUO v SHIU [2019] NZHC 2620

Citation

[2019] NZHC 2620
Court

High Court

The application to stay parts of the summary judgment was dismissed: NZBORA rights and the right to silence are important but do not automatically override a private plaintiff’s right to timely civil relief; the likely prejudice to the plaintiffs from delay outweighed the defendant's asserted risk of real injustice because any disclosure by the defendant would be exculpatory in nature or mostly timing-related and police statements of witnesses had already been or would be disclosed, so the risk was predominantly tactical rather than producing real unfairness to the criminal trial.
6 Oct 2016

BARCLAY BISHOP v THE QUEEN [2016] NZHC 2548

Citation

[2016] NZHC 2548
Court

High Court

The in-cell statement was improperly obtained without required caution and advice in breach of NZBORA and DM69 and should have been excluded under Evidence Act s30 (and was doubtful under s28 for reliability); the post-incident urinalysis results of the six third‑party soldiers were obtained and certified in breach of mandatory DFO 3 and AS/NZS standards and could not lawfully be used to prove charges at Court Martial; judicial directions failed to fairly present defence issues and to warn on reliability, producing a real risk of miscarriage of justice — appeal allowed, convictions and senten…
29 Jul 2015

HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2015] NZHC 1759

Citation

[2015] NZHC 1759
Court

High Court

The adjournment was refused because the statutory insolvency scheme requires timely public examination and compels answers subject to s185 protection; the Assignee acted responsibly, the bankrupt knew of the charges and would not be unduly prejudiced as a matter warranting exceptional delay, and the public interest in timely administration outweighed the risk of prejudice to criminal proceedings.
23 Aug 2013

Sinclair v Accident Compensation Corporation

Citation

[2013] NZACC 261
Court

District Court

Signing the ARC18 claimant declaration was a form required under s72(3) and the claimant's deliberate refusal to complete it entitled the Corporation under s117(3) to suspend weekly compensation until she complied; concerns about self-incrimination did not justify non-compliance in the absence of a cogent NZBORA-based exemption.
31 Mar 2011

LOUISE RUTH CHANWAI V THE COMMISSIONER OF POLICE HC ROT CIV-2010-463-544

Citation

openlaw-e3b8b7dd_88cb_4f9f_9a9a_c32cf82fe4f4.pdf
Court

High Court

Examination orders under ss106‑107 of the Criminal Proceeds (Recovery) Act 2009 are not amenable to pre‑execution variation by the court because the Act provides no statutory review mechanism and the general High Court Rules power to vary interlocutory orders (r7.49) does not apply to examination orders; therefore the ex‑parte application to vary the examination order must be dismissed and any objection based on the examinee's claimed lack of knowledge is a matter for the examinee to assert in the examination and for police remedies under the Act.
16 Dec 2009

SPARK V R SC 77/2009

Citation

SC 77/2009
Court

Supreme Court

The statutory definition of "publication" in the Films, Videos, and Publications Classification Act 1993, on its ordinary meaning, covers material recorded or capable of being shown (including private computer files) without any requirement of communication or accessibility by others, and the password disclosure was not obtained by oppression; therefore the proposed reading down under s6 NZBORA was not reasonably arguable and leave to appeal was dismissed.
14 Nov 2008

CULLEN V A PROFESSIONAL CONDUCT COMMITTEE OF THE MEDICAL COUNCIL OF NEW ZEALAND HC AK CIV 2008-404-6786

Citation

openlaw-a5ac9f11_d65b_4a15_92cb_c7215997c383.pdf
Court

High Court

The High Court upheld the Tribunal's finding of professional misconduct based on reckless disregard of professional standards and irresponsible use of patient identities, concluding those facts alone justified cancellation, fine and costs; however the Tribunal should not have made a contemporaneous public finding that the conduct was for an illegal purpose in determining the charge, though that error did not alter the appropriate disciplinary outcome.