IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2008-044-517 [2014] NZHC 3175
UNDER the New Zealand Bill of Rights Act 1990
IN THE MATTER of the Summary Proceedings Act 1957
AND
IN THE MATTER of the International Covenant on Civil and
Political Rights
BETWEEN V.R. SIEMER and J.D. SIEMER First Plaintiffs
ANDSPARTAN NEWS LIMITED Second Plaintiff
Continued over page …
Hearing: 14-18, 21, 22 October 2013; 29 November 2013; 13, 19 and
22 March 2014
Appearances:
CS Henry for the Plaintiffs (on all days exept 18 October 2013) AM Powell and E Devine for the First to Fourteenth Defendants V Casey for the Fifteenth Defendant
VR Siemer in person (on 18 October 2013 only)
Judgment:
11 December 2014
JUDGMENT OF TOOGOOD J
This judgment was delivered by me on 11 December 2014 at 3 pm
Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
SIEMER & ORSv SPARTAN NEWS LIMITED & ORS [2014] NZHC 3175 [11 December 2014]
AND S SIEMER Third Plaintiff AND
K.S. BROWN First Defendant
AND
M PALMA
Second DefendantAND
A LOVELOCK Third Defendant
AND
JANE THEW Fourth Defendant
AND
REECE SIRL Fifth Defendant
AND
JULIE FOSTER Sixth Defendant
AND
JOHN MILLER Seventh Defendant
AND
DAVID THOMAS Eighth Defendant
AND
BRETT OTTO Ninth Defendant
AND
TREVOR FRANKLIN Tenth Defendant
AND
JOHN TAYLOR Eleventh Defendant
AND
JUERGEN ARNDT Twelfth Defendant
AND
KERWIN STEWART Thirteenth Defendant
AND
THE ATTORNEY-GENERAL OF NEW ZEALAND
Fourteenth Defendant
AND
B J REID
Fifteenth Defendant
Table of Contents Paragraph
Number
Introduction
[1]
Summary of the plaintiffs’ claims [6] Recusal [10] The issues to be determined [16] Background facts [17] The application for the Clansman Terrace search warrant [21] The applicable principles of law [28] Was the warrant invalidly obtained because the application provided insufficient relevant information to justify it? [37] Did the application adequately disclose allegations of particular offending? [37] Did the application justify a search of the subject premises for evidence? [42] Conclusion as to sufficiency of information [43] Did the warrant disclose the date on which it was issued and, if not, does that render the warrant invalid despite s
204 of the SPA?
[44] Conclusions on disclosure of date of issue on warrant [62] Was the warrant a general warrant and, therefore, invalid? [65] General warrants invalid – the plaintiffs’ argument and
the law
[65] Did the warrant contain a sufficient description of the alleged offending? [69] Was the description of the items of which seizure was authorised sufficiently specific to provide reasonable limitations on the search of the premises and the seizure of private property? [75] Did the warrant purport to authorise the seizure of items not reasonably connected to the alleged offence or offences referred to? [75] Discussion [81] Conclusion that warrant was not invalid for generality [86]
Was the warrant obtained in bad faith as a pretext for searching Mr Siemer’s home and seizing his property for some ulterior purpose? [87] Overall conclusion on allegation that the search warrant was invalid [91] The plaintiffs’ tort and…
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- Siemer v Brown [2014] NZHC 3175
- Case
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CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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