Ngan v R

Kevin Jack Ngan v The Queen is a decision of the Supreme Court of New Zealand, which was handed down on 13 December 2007.

[1] The decision held that evidence of a crime discovered incidental to an inventory search of a car involved in an accident was admissible in court.

At trial, the officer explained that the pouch had not been opened because he suspected the presence of drugs, although the large amount of cash may have caused him to suspect that its source was from drug sales, but rather, in order to make an inventory search for the safe keeping of Mr Ngan's property.

At the High Court the trial judge found for admissibility on the basis that, while the search was not sanctioned and therefore illegal, it was not unreasonable and not a breach of s21 BORA.

An excessive search or one conducted for an ulterior purpose, in order, for example, to obtain evidence of criminal offending, would not be reasonable and indeed might also be unlawful.

"[9] In the circumstances, the police were acting legally, justifiably and even prudently in opening and making an inventory search of what otherwise might be considered a harmless inexpensive object.

The court rejected the submission that even if the search was reasonable for the purposes of making an administrative inventory their fruits could not be used for a prosecution.