Supreme Court of New Zealand Wellington
SC 68/2007; [2008] NZSC 46
13 March; 17 June 2008
Blanchard, Tipping, McGrath, Anderson and Gault JJ
SC 68/2007; [2008] NZSC 46
13 March; 17 June 2008
Blanchard, Tipping, McGrath, Anderson and Gault JJ
Constitutional law — New Zealand Bill of Rights Act 1990 — Whether contractual consent to procedure obviated requirements to comply with Bill of Rights Act — Whether requirement for jockey to produce sample of urine lawful and reasonable — Whether reasonable to ban all controlled drugs — New Zealand Bill of Rights Act 1990, s 21.
Statutes — Interpretation — Whether specific words required in rule-making power to justify rule requiring production of samples of urine — Whether reasonable to ban all controlled drugs — Racing Act 2003, s 29(2)(d).
Evidence — Privilege — Self-incrimination — Whether privilege limited to testimonial evidence — Requirement under Rules of Racing to produce sample of urine — Whether breach of privilege against self-incrimination if usable in criminal prosecution.
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