Lethbridge v Police

[2018] NZHC 2106

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2018-485-45

[2018] NZHC 2106

TAYLOR OWEN JAYDEN LETHBRIDGE

v

NEW ZEALAND POLICE

Hearing:

7 August 2018

Appearances:

V E Thursby for the Appellant

A R van Echten for the Respondent

Judgment:

16 August 2018

RESULTS JUDGMENT OF CULL J

[1]                 Mr Lethbridge seeks leave to appeal against a pre-trial ruling, which held that a police search of Mr Lethbridge’s property was lawful and the evidence seized during the search was admissible.1

[2]                 This results judgment is being issued urgently, as this Court has just been notified that the District Court has scheduled a Judge-alone trial for this matter for next Monday, 20 August 2018.

Result

[3]Leave to appeal is granted.

1      New Zealand Police v Lethbridge [2018] NZDC 13114.

LETHBRIDGE v NEW ZEALAND POLICE [2018] NZHC 2106 [16 August 2018]

[4]The appeal is allowed.

[5]                 The evidence obtained from the warrantless search was unlawful and is inadmissible under s 30 of the Evidence Act 2006.

[6]Reasons will follow as soon as practicable.

Cull J

Solicitors:

Luke Cunningham & Clere, Wellington for Respondent