The defendant was charged with two offences under the Child Care and Early Years Act: (1) operating a home childcare with more than the allowable number of children, and (2) obstructing Ministry inspectors in the completion of an inspection.
The trial examined the circumstances of an unannounced inspection on January 24, 2017, and a subsequent search warrant execution on January 26, 2017.
The court found that the Ministry failed to prove either charge beyond a reasonable doubt and dismissed both counts.
The judgment critically examined the conduct of the Ministry inspectors and enforcement officers, including issues with the credibility of witness testimony, the lack of documentary evidence, and significant procedural breaches in the execution of the search warrant.
