New Zealand Police v Wills [2017] NZDC 24650

Published 14 June 2018

Application for costs — prior warnings as to lacuna in evidence — Senior v Police [2013] 357 — Morris v Police [2013] NZHC 1336 — T v Collector of Customs — Costs in Criminal Cases Act 1976, ss 2 & 5. In [2017] NZDC 22589, the police pursued criminal charges against the defendant which were dismissed on the grounds of there being no case to answer; the court could not be sure that the defendant was responsible for the offence — breach of a protection order. The defence applied for costs under the Costs in Criminal Cases Act on the basis that notice had been given to the police on the lacuna in the evidence they sought to present about the identity of the defendant as the person who posted and "tagged" the complained of photo. The court found that the police were put on notice as to the lack of sufficient evidence and no action was taken to remedy that. The court found that costs were payable under the Act. The court ordered that 50 per cent of the costs and $1,000 for the application were payable and orders were made to that effect. Judgment Date: 30 October 2017. * * * Note: names have been changed to comply with legal requirements. * * *