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Court of Appeal Wellington
CA609/2009; [2010] NZCA 287
24 February; 5 July 2010
O'Regan P, Chambers and Randerson JJ
CA609/2009; [2010] NZCA 287
24 February; 5 July 2010
O'Regan P, Chambers and Randerson JJ
Evidence — Admissibility — Police entering private property to buy drugs and recording incident on concealed camera — Whether in breach of implied licence — Whether unlawfully obtained — Evidence Act 2006, s 30.
Evidence — Identification — Extension of good reasons for not holding formal procedure — Approach of court — Extensions to be generic, not on facts of particular case — Evidence Act 2006, s 45(4).
Tort — Trespass — Implied licence to enter private property — Nature of licence — Whether licence breached by police — Property being used to sell drugs — Purpose of entry — Whether licence breached by police recording incident with concealed camera.