7 Nov 2018
A v MINISTER OF INTERNAL AFFAIRS [2018] NZHC 2890
- Citation
- [2018] NZHC 2890
- Court
- High Court
The court held that under s29AB(1) the correct task is to assess whether it is desirable to protect CSI from disclosure to the applicant rather than to balance that desirability against unfairness to the applicant; having heard evidence and cross-examination, the court was satisfied it was desirable to protect the CSI certified by the Director-General, granted limited leave to cross-examine the NZSIS deponent to test factual assertions, replaced open-ended discovery with a focused, court-supervised question process for officers who prepared the Ministerial recommendation, required Crown Law t…