R v Kumar - [2016] 1 NZLR 204

Constitutional law — New Zealand Bill of Rights Act 1990 — Statements to undercover police posing as cellmates — Whether officers had actively elicited statements — Whether officers required to be passive observers — Whether rights to refrain from making statement, to counsel and to be informed of those rights breached — Whether Practice Note applied — Whether statements obtained unlawfully — Whether to be admitted after balancing test — New Zealand Bill of Rights Act 1990, ss 3 and 23(4).

Evidence — Confessions — Statements to undercover police posing as cellmates — Whether officers had actively elicited statements — Whether officers required to be passive observers — Whether rights to refrain from making statement, to counsel and to be informed of those rights breached — Whether Practice Note applied — Whether statements obtained unlawfully — Whether to be admitted after balancing test — New Zealand Bill of Rights Act 1990, ss 3 and 23(4).