11 Mar 2021
R v HARRIS & MULHOLLAND [2021] NZHC 468
- Citation
- [2021] NZHC 468
- Court
- High Court
The Court held the RBNZ was not a co-prosecutor or the SFO's agent for disclosure purposes; the MOU and conduct did not convert RBNZ-generated material (largely produced in exercise of RBNZ's IPS Act functions before SFO involvement) into material held on behalf of the SFO; the SFO led the criminal investigation and retained custody of investigative documents; therefore the defendants' application under s30(1)(a)(i) for RBNZ disclosure was dismissed and there was insufficient evidential basis to order a non-party disclosure hearing under s24.