9 May 2023
TAMIEFUNA v R [2023] NZCA 163
- Citation
- [2023] NZCA 163
- Court
- Court of Appeal
The Court held that the police officer's taking and retention of close-up identification photographs during the traffic stop amounted to a 'search' for the purposes of s21 BORA and was unreasonable because it lacked statutory authorisation, was not in the context of an active investigation against the subject, and breached information privacy principles. Despite that impropriety the Evidence Act s30 balancing exercise favoured admission of the photographs because the intrusion was modest, the impropriety was not deliberate or in bad faith, and the evidence was important to an effective justic…