2 Oct 2018
COMMISSIONER OF POLICE v COTTON [2018] NZHC 2577
- Citation
- [2018] NZHC 2577
- Court
- High Court
The without prejudice correspondence was privileged under s57 Evidence Act 2006; s57(3)(b) did not apply because the existence of the settlement was not in dispute; s57(3)(d) did not apply because the correspondence did not add anything material to the settlement agreement or the judgment approving it and therefore disclosure was not justified in the interests of justice; no waiver of privilege was established. The correspondence is therefore inadmissible and must be removed from the affidavit.