6 May 2019
KUMAR v NZ POLICE [2019] NZHC 968
- Citation
- [2019] NZHC 968
- Court
- High Court
The appeal is dismissed: the Land Transport Act 1998 is not a code that revoked the common law implied licence; the trial judge's credibility findings that the constable was invited in and not a trespasser were open on the evidence; a constable lawfully on the premises may require a breath screening test under s 68 LTA; no miscarriage of justice occurred.