Rural Timber Ltd v Hughes - [1989] 3 NZLR 178

Criminal law — Search warrants — Validity of search warrant — Warrant was issued largely on hearsay evidence — Form of warrant deleted two categories of belief contained in s 198(1) of Summary Proceedings Act — Things seized by police mainly came within deleted categories — Warrant was allegedly defective in other respects — Whether warrant might be issued on hearsay evidence — Whether warrant might be based on all three categories of belief in s 198(1) - Whether deletions invalidated the warrant — Whether defects amounted to a miscarriage of justice — Whether warrant was invalid — Summary Proceedings Act 1957, ss 198 and 204.

Criminal law — Search warrants — Disposal of things seized - "Custody" - Police allowed Ministry of Transport personnel to have for examination materials seized pursuant to a search warrant — Whether materials remained in police custody — Summary Proceedings Act 1957, s 199.

Criminal law — Practice and procedure — Appeal — Judicial review proceedings challenged validity of search warrants — Whether s 11 of the Judicature Amendment Act 1972 provides a right of appeal even though the matter is criminal in nature — Judicature Amendment Act 1972, s 11.