High Court Wellington
14, 15, 16, 23, 24 April 1986
Eichelbaum J
14, 15, 16, 23, 24 April 1986
Eichelbaum J
Tort — Liability — Arrest and wrongful imprisonment — Power of traffic officer to enter private property — Motorcyclist was speeding and traffic officer followed him on to private premises and forcibly entered a garage — After forced entry, officer acquired good cause to suspect that a drink/driving offence had been committed — Whether the officer had a licence to enter — Whether arrest for failing to accompany officer for breath and blood tests could be justified — Whether Crown was liable for damages for wrongful arrest and imprisonment — Transport Act 1962, ss 58, 58A and 68B.
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