Commissioner of Police v Burgess - [2011] 2 NZLR 703

Criminal practice and procedure — Proceeds of crime — Application for examination order — Whether judge has residual discretion — Whether order would contravene right to silence — Criminal Proceeds (Recovery) Act 2009, ss 3, 106, 107 and 165.

Human rights — New Zealand Bill of Rights Act 1990 — Right to silence — Right not to confess guilt — Right to be presumed innocent — Right to fair trial — Whether examination order under proceeds of crime legislation contravenes rights — Criminal Proceeds (Recovery) Act 2009, ss 3, 106, 107 and 165.