7 Jun 2018
A v MINISTER OF INTERNAL AFFAIRS [2018] NZHC 1328
- Citation
- [2018] 3 NZLR 583
- Court
- High Court
Parliament has established an unambiguous statutory procedure permitting CSI to be withheld from affected persons; the court must apply a rigorous, sceptical and contextual test to the desirability of withholding CSI under ss29AA/29AB, supervise and approve an unclassified summary that conveys the gist sufficient to permit rebuttal where possible, and assess claims case-by-case; officers preparing reports to the Minister are not liable to the affected person under a freestanding duty of utmost good faith, although failures in competence or balance may be subject to judicial review.