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Burich v Ministry of Transport - [1988] 1 NZLR 754

$30.00

High Court Wellington
26 February; 18 April 1988
Wylie J
Transport and transport licensing — Power of traffic officer to enter private property — Breath and blood alcohol prosecutions — Driving with excess breath alcohol — Traffic officer entered closed takeaway shop, after having been told by driver that it was the driver's property, and there conducted breath-screening test — Whether traffic officer had an implied licence to enter closed shop — Whether evidence from breath-screening test was unlawfully obtained — Whether evidence obtained from the test and subsequent procedures was admissible — Transport Act 1962, s 58A.

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