New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Bill of rights s21 unreasonable search
  • 7 Mar 2013

    ATTORNEY-GENERAL IN RESPECT OF THE GOVERNMENT COMMUNICATIONS SECURITY BUREAU V KIM DOTCOM COA CA11/2013

    Citation
    openlaw-5c4ae5df_a89f_44c7_92ae_397c7cb7b540.pdf
    Court
    Court of Appeal

    Court held that claims for damages are not absolutely barred from judicial review proceedings but judges must be cautious to preserve the simplicity and expedition of review proceedings under s10; applying that principle, in the exceptional factual context of late disclosure and overlapping evidence the Chief Judge did not err in joining the GCSB and granting leave to amend to add a Baigent claim against the GCSB, but the discovery order was excessive and must be limited by deleting the requirement to disclose all GCSB-collected information not passed to police; accordingly the appeal was all…

    • Judicial review
    • Joinder of parties
    • Discovery
    • Baigent damages
    • Bill of rights s21 unreasonable search
    • Mutual assistance in criminal matters act