26 Jun 2015
CARTER v THE CORONER'S COURT AT WELLINGTON [2015] NZHC 1467
- Citation
- [2015] NZHC 1467
- Court
- High Court
The Kennedy opinion is protected by legal advice privilege under s54 Evidence Act 2006; although Detective Superintendent Kench disclosed a significant part of the opinion (its conclusion on causation), that disclosure was not inconsistent with maintaining confidentiality given the context (customer-service, inquest preparation, and efforts to resolve persistent complaints); Detective Superintendent Kench had authority to waive Crown privilege in principle but on the facts did not waive it; accordingly the Commissioner is not required to disclose the Kennedy opinion.