3 Feb 2023
RAE v COMMISSIONER OF POLICE 2023 NZCA 4
- Citation
- 2023 NZCA 4
- Court
- Court of Appeal
The appeal is dismissed because the Commissioner’s non‑disclosures, while material in part, were not deliberate or in bad faith, the missing information would not have altered the decision to restrain the funds (other than an R Ltd account which was already discharged), and the public interest in preserving suspected tainted property together with available remedies (costs, other procedures under the Act) outweigh the conduct relied on to rescind the order; rescission for non‑disclosure is reserved for egregious/bad faith cases.