R v Bruno Orupe [2016] NZDC 3984

Published 01 September 2016

Powers of entry — entry without a warrant — Search and Surveillance Act 2012, s 8 — Land Transport Act 1988, ss 32(1), 56(1), 114, 119. Charges against the defendant of failing to remain, driving with excess breath alcohol (aggravated) and obstructing a constable in the execution of his duty were dismissed because the Constable could not lawfully rely on powers of entry under the Search and Surveillance Act, s 8 or the Land Transport Act, s 119. A conviction was to be entered against the defendant on a charge of driving while disqualified (aggravated) because the evidence established beyond reasonable doubt that the defendant was the driver of the motor vehicle.