IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI 2014-488-000051 [2014] NZHC 3363
BETWEEN BULLA PANIORA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 16 December 2014 Appearances:
M A Littlefair for Appellant
M Jarman-Taylor for RespondentJudgment:
19 December 2014
(RESERVED) JUDGMENT OF ANDREWS J [Appeal against conviction]
This judgment is delivered by me on 19 December 2014 at 3 pm pursuant to r 11.5 of the High Court Rules.
..................................................... Registrar / Deputy Registrar
PANIORA v NEW ZEALAND POLICE [2014] NZHC 3363 [19 December 2014]
Introduction
[1] In a judgment delivered on 20 November 2014, Mr Bulla Paniora was found guilty by Judge Duncan Harvey in the District Court at Kaikohe on a charge of driving with excess blood alcohol (“the judgment”).1 Following that conviction he was fined $1600 and disqualified from driving for 10 months.
[2] Mr Paniora has appealed against his conviction, on the grounds that the Judge was wrong to find that there was no undue or unreasonable delay and/or non compliance under s 72(3) of the Land Transport Act 1998 (“the LTA”); was wrong to find that there was no unreasonable, unlawful or arbitrary detention in breach of s 22 of the New Zealand Bill of Rights Act 1990 (“the BORA”), or if there was, the evidence was still admissible under s 30 of the Evidence Act; and was wrong to find that there was no breach of his rights under s 23(5) BORA to be treated with respect and dignity and avoid humiliation and shame.
Facts
[3] At 10.40 pm on 2 January 2014, Mr Paniora was stopped at a Police
checkpoint on state highway 12, at Omapere. A breath screening test indicated “over
400” (that is, a fail). Having been given his rights, Mr Paniora was at 10.55 pm
required to undergo an evidential breath test. That test gave a breath alcohol level of
571 micrograms of alcohol per litre of breath. Mr Paniora was advised that this was a positive result. He was given his rights for a second time. At 11.11 pm, Mr Paniora requested a blood test.
[4] A police officer, Constable Tracey Stainburn, and another police officer then took Mr Paniora for a blood test. Initially they were heading for Kawakawa Hospital, but en route they were advised by radio that the hospital at Rawene would be more convenient. They arrived at Rawene Hospital at 11.44 pm. They remained
at Rawene Hospital for 36 minutes, but a blood specimen was not taken there.
1 NZ Police v Paniora DC Kaikohe CRI 2014-027-653, 20 November 2014.
[5] At 12.20 am, the police officers and Mr Paniora left for Kawakawa Hospital. They arrived there at 1.10 am. The blood specimen was taken at 1.19 am. Mr Paniora was subsequently dropped off in the centre of Kawakawa. Analysis of the specimen disclosed a blood alcohol level of 109 milligrams of alcohol (plus or minus five milligrams) per 100 millilitres of blood.
District Court judgment
[6] Judge Harvey recorded the issues as…
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