8 Nov 2016
Indemnity or increased costs are premature because unresolved factual matters relevant to NZBORA damages remain; an award of scale costs is appropriate now: proceedings judged Category 3, second counsel certified (not third), Band B generally with specified steps to be assessed on Band C.
17 Dec 2015
The warrant and the search were declared fundamentally unlawful because the police failed to discharge the strict duty of candour by not informing the issuing judge of the relevance and weight of journalistic privilege (s 68 Evidence Act) and TVNZ principles, a material omission which rendered the warrant and consequent search unlawful.
2 Jul 2015
The Court upheld multiple confidentiality and privilege claims where disclosure would reveal police investigative techniques or informant identity, confirmed that the Police must demonstrate confidentiality but accepted practical constraints (eg inaudible transcript passages and technical limits) allowing limited disclosure with protections, upheld legal professional and litigation privilege for specified documents (eg POL.00002.0062), and directed the Police to make further discovery of documents referring to the identified individual where those documents were created as a direct result of…
17 Dec 2014
Court ordered limited discovery of contemporaneous Police documents relevant to (a) the decision whether to apply for a warrant and (b) the execution of the warrant, subject to strict confidentiality safeguards (access limited to named counsel, limited redactions only where necessary to protect ongoing investigation or techniques), directed Police to re-review redactions and provide a list of withheld/partially redacted documents with grounds, held that no District Court reasons document exists, reserved leave on cloning arrangements but proposed Court-appointed ECL expert to perform cloning…