1 Nov 2006
FARDELL V THE ATTORNEY-GENERAL ON BEHALF OF THE CORONER'S COURT AT NORTH SHORE AND AUCKLAND HC AK CIV 2006-404-3638
- Citation
- openlaw-48e1ca18_7094_4c5d_9b88_9b8e3e3a7ab8.pdf
- Court
- High Court
The Coroner erred by unduly fettering the s25(2) discretion through disproportionate emphasis on open justice and natural justice; coronial discretion must account for personal privacy, decency and the differing inquisitorial character of inquests, and where private, irrelevant or privileged material outweighs public interest in publication a suppression order is justified — accordingly the Court set aside the Coroner's refusal and exercised the discretion afresh to suppress specified personal and photographic evidence (Schedule A and exhibits).