Karl Leslie Raymond Marwood v The Commissioner of Police

[2016] NZSC 36

IN THE SUPREME COURT OF NEW ZEALAND

SC  11/2016
[2016] NZSC 36

BETWEEN

KARL LESLIE RAYMOND MARWOOD
Applicant

AND

THE COMMISSIONER OF POLICE
First Respondent

ERANA KING
Second Respondent

THE PERRIN TRUST
Third Respondent

ANZ BANK
Fourth Respondent

Court:	William Young, Arnold and O'Regan JJ
Counsel:	R E Harrison QC and M W Ryan for Applicant M D Downs and P D Marshall for First Respondent A G Speed for Second Respondent No appearance for Third and Fourth Respondents
Judgment:	11 April 2016

JUDGMENT OF THE COURT

ALeave to appeal is granted (Commissioner of Police v Marwood [2015] NZCA 608).

BThe approved question is:

Did the Court of Appeal err in holding that the High Court had no jurisdiction (or power) to exclude the challenged evidence obtained by search of the applicant’s premises and, if so, should the challenged evidence be excluded in this proceeding?

____________________________________________________________________

REASONS

1. The issues arising in this appeal have some commonality with those arising in R v A(SC 12/2016) for which leave was given on 15 March 2016 and which is due to be heard on 16 June 2016.[1]  For this reason it would be convenient to the Court for the present appeal to be heard at or near the same time as R v A.  We therefore set the present appeal down for hearing on 16 June 2016, immediately after R v A, with provision for the hearing to continue into 17 June 2016 if necessary.

   [1]R v A(SC 12/2016) [2016] NZSC 21. A suppression order has been made in relation to that judgment.

Solicitors:
Edwards Clarke Dickie, Auckland for Applicant
Crown Law Office, Wellington for First Respondent