Hamed v R - [2012] 2 NZLR 305

Constitutional law — New Zealand Bill of Rights Act 1990 — Search — What constitutes search — Reasonable expectations of privacy — Trespass — Covert video and aural surveillance — Ground search — Whether unlawful search always unreasonable — New Zealand Bill of Rights Act 1990, s 21.

Criminal practice and procedure — Search warrants — Anticipatory warrants — Whether could authorise search for that would be present in future — Whether could authorise video-surveillance — Collateral purpose — Lawfulness of entry without warrant — Whether police had implied licence to enter — Summary Proceedings Act 1957, s 198.

Evidence — Admissibility — Improperly obtained evidence — Whether improperly obtained evidence should be admitted — Needs of effective and credible system of justice — New Zealand Bill of Rights Act 1990, s 21.

Evidence — Admissibility — Search warrants — Whether could authorise video-surveillance — Whether could authorise future search for things not yet present — Whether police had implied licence to enter — Summary Proceedings Act 1957, s 198.

Police — Powers — Whether implied licence existed to enter land. — Whether power to conduct video-surveillance in absence of statutory authorisation.