Kearns v R - [2017] 2 NZLR 835

Human rights — New Zealand Bill of Rights Act 1990 — Racial profiling allegation — Whether initial inquiry by police based on race — Proper basis to approach vehicle — Right to privacy — Freedom from discrimination — New Zealand Bill of Rights Act 1990, ss 3, 5, 19.

Evidence — Admissibility — Whether evidence improperly obtained during search of vehicle — Racial profiling allegation — Whether initial inquiry by police based on race — Reasons for inquiry — Proper basis for approaching vehicle — Discovery of craft knife prompting search — Contest of facts — Credibility — Whether search unlawful — Reasonable grounds to suspect — Knife — Not asked if had reasonable excuse for possessing knife — Search and Surveillance Act 2012, s 28.

Police — Powers — Approach and enquiry powers — Policing Act 2008, ss 8, 9(a), 11.