27 Oct 2016
S (CA539/2014) v R [2016] NZCA 518
- Citation
- [2016] NZCA 518
- Court
- Court of Appeal
The application for non-party disclosure was declined because the medical records sought were not shown to be relevant to the critical issue of consent or complainant reliability; there was no evidential basis that the pleaded symptoms would make consent more likely, and disclosure would unjustifiably intrude on the complainant's privacy and risk re‑victimisation, failing the stringent test for third-party discovery under s389(a).