Justin Leigh Harney v New Zealand Police

[2010] NZSC 100

IN THE SUPREME COURT OF NEW ZEALAND

SC 64/2010
[2010] NZSC 100

JUSTIN LEIGH HARNEY

v

NEW ZEALAND POLICE

Court:Elias CJ, Blanchard and Tipping JJ

Counsel:A J Bailey for Appellant

C L Mander and B E Fenton for Respondent

Judgment:13 August 2010 

JUDGMENT OF THE COURT

A           The application for leave to appeal is granted.

B           The approved grounds are:

(i)Was the Court of Appeal correct to find that there was a “good reason” for not following a formal identification procedure pursuant to s 45(1) of the Evidence Act 2006?

(ii)If not, was the Court of Appeal correct to find that the circumstances in which the identification was made produced a reliable identification beyond reasonable doubt pursuant to s 45(2) of the Evidence Act?

Solicitors:

Crown Law Office, Wellington