8 Sept 2021
RENSON v NEW ZEALAND POLICE [2021] NZHC 2342
- Citation
- [2021] NZHC 2342
- Court
- High Court
The High Court held the warrantless entry and search was unlawful because police did not adequately consider practicable alternatives (notably obtaining an oral warrant by telephone) and there was insufficient basis to conclude there was a substantial likelihood evidence would be destroyed; the search therefore breached s20 and s21 NZBORA and the evidence was improperly obtained and, under the s30 balancing exercise, its exclusion was proportionate; accordingly the conviction was quashed.