“Fruit of the poisonous tree”? Remedying NZBORA breaches

Relying on courts’ obligation to give effect to NZBORA under its s 3, the Supreme Court held the exclusionary remedy could be said to have arisen “under” NZBORA

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As evidence obtained by arguable police impropriety again hits the headlines (police use breath-testing checkpoint to obtain information on attendees at an Exit International euthanasia meeting), the Supreme Court has explained the Evidence Act 2006’s fundamental principle – all relevant evidence is admissible unless inadmissible or excluded “under” any statute – permits exclusion of such evidence in civil proceedings, if necessary to remedy New Zealand Bill of Rights Act impropriety. Continue reading ““Fruit of the poisonous tree”? Remedying NZBORA breaches”