20 Dec 2019
The Minister of Education v James Hardie New Zealand [2019] NZHC 3487
- Citation
- [2019] NZHC 3487
- Court
- High Court
The court set aside Carter Holt's litigation privilege claims over the 25 inadvertently disclosed complaint-related documents because at the time those documents were created litigation was not reasonably apprehended and the dominant purpose was investigation/remediation rather than preparation for proceedings; without prejudice privilege was upheld for three other internal settlement-related documents but denied for one system-generated record; regarding the Ministry, initial and condensed/reduced reports prepared to inform remediation or where legal recovery was unknown are not privileged,…