Hunt v R - [2011] 2 NZLR 499

Criminal practice and procedure — Search warrants — Whether physical evidence required to be in place when warrant issued — Whether anticipatory warrant permissible — Whether search warrant could authorise surveillance — Summary Proceedings Act 1957, s 198(1) and 198(5).

Criminal practice and procedure — Search and seizure — Trespasser — Whether trespasser to land had remedy under New Zealand Bill of Rights Act 1990 — Whether police had implied licence to enter private land used for recreational purposes — New Zealand Bill of Rights Act 1990, s 21.

Evidence — Admissibility — Police surveillance footage of public road taken from private land — Whether footage was a search — Whether evidence improperly obtained — Evidence Act 2006, s 30.