Anderson v R - [2017] 3 NZLR 717

Criminal law — Search and Surveillance — Habeas Corpus — Detention of suspects — Refusal to consider bail application — Unlawful detention — Expiration of detention period — Whether police abused process — Whether police could indefinitely make continuous reapplications for detention which would effectively extend the detention period indefinitely — Legislation stated detention expired at end of two day period — Continual refusal to consider bail application — Continued detention after the expiry of the 48 hour period on grounds police again required suspect to permit examination and suspect again refused to permit — Whether legislation needed to expressly bar continued reapplication — Human rights considerations — Correct legislative interpretation — New Zealand Bill of Rights Act 1990.