C v Police HC Auckland CRI 2005-090-9128

[2007] NZHC 1492

This case has been anonymized

NOT TO BE PUBLISHED IN NEWS MEDIA OR ON INTERNET OR OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2005-090-9128
CRI 2007-044-3210

CRI 2007-090-5304

C

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing:         18 December 2007

Appearances: W M Ryan for Applicant

H Lawry for Respondent

Judgment:      18 December 2007

ORAL JUDGMENT OF WOODHOUSE J

Solicitors:

Mr W M Ryan, Haigh Lyon, Solicitors, Auckland

Mr H Lawry, Meredith Connell, Office of the Crown Solicitor, Auckland

C V POLICE HC AK CRI 2005-090-9128  18 December 2007

[1]      In terms of the two judgments of 11 December 2007, documents were to be provided by Mr and Mrs Musin.   That has now been done, and in a form as to documentation accepted by the Police in terms of my earlier judgment.  In addition, I have received an affidavit from Mr Musin as well, having earlier had the affidavit of Mrs Musin.  And I have a copy of the written licence now granted by Mr and Mrs Musin to the Police to enter the property at any time for the purposes of inspection.

[2]      Other conditions applying on the grant of bail are as set out in the earlier judgment, and Mr Lawry, for the Police, has confirmed that there are no other issues in that regard.

[3]      Accordingly, bail is granted in terms of my three judgments, including this minute confirming matters today.  Perhaps the only other thing to be recorded is that the arrangement is that Mr and Mrs Musin will take Mr C   from this Court to their home as soon as the formalities have been completed and, to comply with the

electronic bail monitoring, they will have 45 minutes to do that.

Peter Woodhouse J