REID V NEW ZEALAND FIRE SERVICE COMMISSION AND ORS HC WN CIV-2008-485-1203

REID V NEW ZEALAND FIRE SERVICE COMMISSION AND ORS HC WN CIV-2008-485-1203

The High Court concluded the Crown Law Office validly invoked litigation privilege over the documents, which placed them within the exception to disclosure under the Privacy Act 1993; Mr Reid failed to demonstrate any matter of sufficient importance or any arguable legal error to justify leave to further appeal on either the substantive or costs proceedings.

Citation
openlaw-42f9e25e_d5ab_4873_b492_99fd4a257db2.pdf
Parties
Appellant/applicant: James Robert Reid; First Respondent/respondent: New Zealand Fire Service Commission; Second Respondent/respondent: Crown Law Office; Third Respondent/respondent: Privacy Commissioner
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 November 2009
Procedural Posture
Appeal and Judicial Review / Application for Leave to Appeal to the Court of Appeal
Outcome
Applications for leave to further appeal dismissed in both proceedings; costs awarded to New Zealand Fire Service Commission on a 2B basis
Legal Topics
Litigation Privilege, Legal Professional Privilege, Vexatious Litigant Proceedings, Access to Personal Information, Official Information Act Applicability, Judicial Bias/natural Justice, Leave to Appeal Test
Human Rights Privacy Law Administrative Law Judicial Review Evidence (privilege) Costs Litigation Privilege Legal Professional Privilege +5 more

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Parties

James Robert Reid

Appellant/applicant

New Zealand Fire Service Commission

First Respondent/respondent

Crown Law Office

Second Respondent/respondent

Privacy Commissioner

Third Respondent/respondent

Procedural Posture

Appeal and Judicial Review / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the Crown Law Office was entitled to invoke litigation privilege over documents in its possession relating to Mr Reid
  2. 2 Whether claims of legal professional/litigation privilege displace obligations under the Privacy Act 1993 to disclose personal information
  3. 3 Whether the judge demonstrated bias or failed to perform statutory duties (s 18 Oaths and Declarations Act 1957)

Ratio Decidendi

The High Court concluded the Crown Law Office validly invoked litigation privilege over the documents, which placed them within the exception to disclosure under the Privacy Act 1993; Mr Reid failed to demonstrate any matter of sufficient importance or any arguable legal error to justify leave to further appeal on either the substantive or costs proceedings.

Court Disposition

Applications for leave to further appeal dismissed in both proceedings; costs awarded to New Zealand Fire Service Commission on a 2B basis

Orders

  • Leave to appeal to the Court of Appeal refused for CIV-2008-485-1203 (substantive proceedings)
  • Leave to appeal to the Court of Appeal refused for CIV-2008-485-2043 (costs appeal)