Fan v R - [2012] 3 NZLR 29

Evidence — Admissibility — Incriminating statements made by accused following legal advice — Accused poorly advised — Right to silence — Whether evidence unfairly obtained — Whether common law discretion to exclude evidence continued to exist — Whether lawyer exercising public function for the purposes of the New Zealand Bill of Rights Act 1990 — New Zealand Bill of Rights Act 1990, ss 23(4), 25(d) and 27.