26 Jan 2018
MINISTER OF EDUCATION v H CONSTRUCTION NORTH ISLAND LIMITED (formerly known as HAWKINS CONSTRUCTION NORTH ISLAND LIMITED) [2018] NZHC 20
- Citation
- [2018] NZHC 20
- Court
- High Court
No further discovery was ordered because the plaintiffs either did not have the documents sought or the documents were irrelevant or disproportionate to the pleaded issues; documents listed from 2008–2010 (Babbage minutes and reports) are protected by settlement negotiation privilege under s57 and cannot be used at trial; certain documents from 2012 (Sinclair Knight Merz and Alexander & Co reports and associated emails) attract litigation privilege under s56 and cannot be used; privilege was waived for BDS.01.1635 due to lack of evidence of a mistaken/involuntary disclosure; a cut-off was imp…
- Discovery (high court rules r 8.19)
- Litigation privilege (s 56 evidence act 2006)
- Settlement negotiation privilege (s 57 evidence act 2006)
- Waiver of privilege (s 65(4) evidence act 2006)
- Contributory negligence
- Proportionality and relevance