17 Oct 2014
DOTCOM v THE UNITED STATES OF AMERICA [2014] NZHC 2550
- Citation
- [2014] NZHC 2550
- Court
- High Court
The High Court dismissed the judicial review. It held the District Court did not err in declining the discovery applications as framed because pre-trial non-party discovery of domestic agencies should proceed through the statutory access regimes (Privacy Act/OIA) and the extradition court need not assume s11 enforcement within the extradition process; where s11 enforcement is sought the court may exercise discretion and decline based on factors including relevance, breadth, timing, prior Privacy Commissioner review, and resource burden. There is no general power to order pre-trial non-party d…