Marwood v Commissioner of Police - [2017] 1 NZLR 260

Constitutional law — New Zealand Bill of Rights Act 1990 — Exclusion of evidence for breach of rights — Civil proceedings for law enforcement purposes where Commissioner of Police the plaintiff — Whether fact of exclusion in earlier proceedings relevant — Whether decision to exclude evidence exercise of a discretion — How issue to be considered — New Zealand Bill of Rights Act 1990, ss 3 and 11.

Evidence — Admissibility — Unlawfully obtained evidence — Whether jurisdiction to exclude in civil proceedings for law enforcement purposes where Commissioner of Police the plaintiff — Whether fact of exclusion in earlier proceedings relevant — Whether decision to exclude evidence exercise of a discretion — Evidence Act 2006, ss 7 and 30.