Tamiefuna v The King

[2023] NZSC 93

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 51/2023
 [2023] NZSC 93

BETWEEN	MAHIA TAMIEFUNA Applicant
AND	THE KING Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	S J Gray for Applicant C A Brook for Respondent
Judgment:	28 July 2023

JUDGMENT OF THE COURT

ALeave to appeal is granted (Tamiefuna v R [2023] NZCA 163).

BThe approved question is whether the Court of Appeal was correct to dismiss the appeal.

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REASONS

1. The applicant contends that the Court of Appeal was correct to find the photographic evidence at issue was improperly obtained but that the Court erred in admitting the evidence under s 30 of the Evidence Act 2006.[1]  The Crown indicates that, should leave be granted, it wishes to argue that the Court of Appeal erred when it concluded that the evidence was improperly obtained. 

   [1]Tamiefuna v R [2023] NZCA 163 (Cooper, Brown and Goddard JJ) at [97] and [104].

2. We therefore anticipate that the argument at the hearing will focus on the following two questions:

   (a)whether the Court of Appeal was correct to find that the photographic evidence was improperly obtained for the purpose of s 30 of the Evidence Act; and

   (b)whether the Court of Appeal was correct in admitting the evidence under s 30 of the Evidence Act.

Solicitors:
Crown Law Office, Wellington for Respondent