Lethbridge v Police [2018] NZHC 2106 (16 August 2018)

Last Updated: 22 August 2018

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