6 Sept 2019
KIM DOTCOM v HER MAJESTY’S ATTORNEY-GENERAL on behalf of the Government Communications Security Bureau [2019] NZCA 412
- Citation
- [2019] 3 NZLR 397
- Court
- Court of Appeal
The court held that under s 70 the judge must balance the public interest in disclosure against the public interest in withholding and may inspect material and conduct closed hearings; on inspection and the evidence provided by GCSB the Court was satisfied disclosure of the raw communications would likely prejudice national security and international relations and that the Special Advocate process in the High Court had not miscarried; balancing favoured non-disclosure, so the s 70 non-disclosure order was upheld and the appeal dismissed.