Kerr v Police - [2020] 2 NZLR 663

Constitutional law — New Zealand Bill of Rights Act — Right to consult and instruct lawyer — Refusing to permit blood specimen to be taken — Whether evidence of refusal improperly obtained and inadmissible — Whether police obligated to ensure availability of legal advice — Whether police obligated to facilitate legal advisers — Police Detention Legal Assistance scheme — Calls placed unsuccessfully to 13 lawyers — Whether right to consult lawyer breached — Canadian jurisprudence — Exclusion of evidence — New Zealand Bill of Rights Act 1990, ss 4, 5, 6, 23(1)(b) and 24(f).

Transport and transport licensing — Offence — Refusing to permit blood specimen to be taken — Right to consult and instruct lawyer — Whether police obligated to ensure detainees receive legal advice if requested — Police Detention Legal Assistance scheme — Calls placed unsuccessfully to 13 lawyers — Whether right to consult lawyer breached — Canadian jurisprudence — Whether evidence of refusal to permit blood specimen inadmissible — New Zealand Bill of Rights Act 1990, ss 4, 5, 6, 23(1)(b) and 24(f).

Evidence — Admissibility — Breach of right to consult and instruct lawyer — Refusing to provide blood specimen — Whether evidence of refusal improperly obtained and inadmissible — New Zealand Bill of Rights Act 1990, ss 4, 5, 6, 23(1)(b) and 24(f).