Handcuffed to a fence, questioned whether the point of arrest was at this time or not, and if it was so there was a breach of the NZBORA since he was not informed of his right to see a lawyer. Was argued that the handcuffs to fence was informal arrest and didnt count as a normal arrest. However, held that formal arrest is not required, and arrest occurred when handcuffed. Not informed of right until hours later. Evidence excluded.