Matt and Ciara appeared at Auckland District Court in October 2021 on a pre-trial challenge to a search warrant executed at DN’s home.

We contended that insufficient information was contained in the application for a search warrant to enable the issuing officer to reach the conclusions required by s6(a) and (b) of the Search and Surveillance Act 2012.

The Judge agreed that there was an inadequate basis for the warrant to be obtained, but admitted the evidence applying the balancing test under s 30 of the Evidence Act.

We filed an appeal against that ruling with the Court of Appeal. Due to the importance of the issues raised, the Court has assigned the case for hearing by the Permanent Bench of the Court in Wellington (most Auckland appeals are heard by the Divisional Court in Auckland). We are now awaiting the allocation of a hearing date.

Matt and Ciara appeared at Auckland District Court for a pre-trial challenge to a search warrant executed at their client, OW’s home.

The Police attended OW’s address to locate a suspect, AB on the run who they believed was residing at OW’s address. The Police entered the house on suspicion the suspect was present – albeit, he wasn’t – and instead, found a small quantity of meth they believed belonged to OW.

At the hearing, three Police officers were called to give evidence and were cross-examined by Matt. They admitted that OW explained that AB had stayed there before and provided details of AB’s work address.

At the conclusion of the hearing, the judge decided the search warrant was lawfully executed in terms of the invocation of the powers under both s 7 and s 20 of the Search and Surveillance Act 2012.

A Notice of Appeal has been filed with the Court of Appeal against this ruling, we are now awaiting allocation of a hearing date.