16 Apr 2015
WATSON v THE CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS [2015] NZHC 718 [16 April 2015]
- Citation
- [2015] NZHC 718
- Court
- High Court
Where personal information is directly relevant to proceedings the s69 Evidence Act balancing test governs disclosure; the two paragraphs summarising the Department's explanation and the victims' opposition were not of such confidential character as to outweigh the applicant's right to see evidence relevant to the impugned decision; accordingly the unredacted affidavit must be made available to counsel under strict court-ordered custody and undertakings and continued restriction on wider access, with leave reserved for further suppression if necessary.