New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Dishonest purpose (s67 evidence act 2006)
  • 27 Jul 2023

    MOEKE v RAUKAWA IWI DEVELOPMENT LIMITED [2023] NZHC 1952

    Citation
    [2023] NZHC 1952
    Court
    High Court

    The Court found the December 2018 documents were prepared for a dishonest purpose within the meaning of s 67 Evidence Act 2006 because the Liability Judgment had already found dishonest conduct in the defendants' scheme to deprive the plaintiff of his land interest; therefore solicitor-client privilege in respect of those 2018 documents was set aside. Redactions for solicitor-client privilege were ordered removed where they related to those documents; redactions for irrelevance were upheld. Non-party discovery was ordered narrowly: Bracken must swear an affidavit confirming he holds no furthe…

    • Solicitor-client privilege
    • Non-party discovery
    • Dishonest purpose (s67 evidence act 2006)
    • Conspiracy to defraud
    • Redaction/irrelevance
    • Costs