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Hohepa v New Zealand Police [2018] NZDC 18053

Published 04 April 2019

Judgment on costs — Search and Surveillance Act 2012 — District Court Rules 2014, r 14.7. The applicant filed an application dated 5 July 2018 seeking the return of property seized by police while conducting a lawful search warrant on 27 March 2018. The property was an iPhone, NZ$240 cash, and HK$50 cash. The property was returned by police on 19 July 2018 and the applicant seeks costs in respect of her application on a category 1A basis, in accordance with District Court Rules 2014. The applicant was charged, subsequent to the search on 27 March, however, those charges were withdrawn and she then sought the return of her property. Counsel for the applicant advised that he had sent emails to the detective in charge of exhibits and the prosecution service, but received no response. The police advised submitted they were unable to locate any email from the applicant's counsel, although the Judge accepted that they were in fact sent. The detective involved had also been at a training course during the period between the search and the return and the Police also noted that before money can be returned, Police must check with IRD and the Ministry of Justice if there are any claims over the money. The Judge held that the seven weeks between the withdrawal of the charge and the return of her property was excessive, given the limited amount of property to return. The Judge viewed the filing of the originating application to be appropriate and that Police should make a payment of $750 on account of costs to the applicant. Judgment Date: 6 September 2018.

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