29 May 2019
TRANTER v R [2019] NZCA 190
- Citation
- [2019] NZCA 190
- Court
- Court of Appeal
The Criminal Disclosure Act only applies to an existing criminal proceeding, including an appeal; there was no live appeal or criminal proceeding before the Court to which the Act could be applied and therefore the Court had no jurisdiction to order non-party disclosure to facilitate a potential Smith application; the application for disclosure is declined.