28 Aug 2023
ROEBUCK v LIDDLE [2023] NZHC 2350
- Citation
- [2023] NZHC 2350
- Court
- High Court
The Court held that litigation was reasonably apprehended on the morning of 3 July 2020 and that the eight challenged documents were created or annotated after that date for the dominant purpose of preparing for litigation; accordingly they attract litigation privilege under s56 Evidence Act 2006, and where applicable the draft notice to fix documents also attracted legal advice privilege under s54. One document (HDC.05.00037) was waived by Council. The plaintiffs' application to set aside or modify the Council's privilege claims was dismissed.