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R v Kahu - [1995] 2 NZLR 3

$30.00

Court of Appeal Wellington
13 March 1995
Cooke P, Richardson, Casey, Hardie Boys and McKay JJ
Criminal law — Search warrants — Appellant charged with possession of cannabis for supply — Social worker visiting appellant's house because of concern for position of young children — Social worker smelling cannabis and later returning with police officer — Cannabis found on search being made — Social worker acting under place of safety warrant issued under Children, Young Persons, and Their Families Act 1989 — Whether warrant limited to search for child and inspection of physical conditions under which it was living — Whether search unreasonable under terms of New Zealand Bill of Rights Act 1990 — Children, Young Persons, and Their Families Act 1989, s 39 — New Zealand Bill of Rights Act 1990, s 21 — Acts Interpretation Act 1924, s 5(j).

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