27 Jul 2020
COMMERCE COMMISSION v BUNNINGS LIMITED [2020] NZCA 310
- Citation
- [2020] NZCA 310
- Court
- Court of Appeal
The Snowden statement of 30 October 2017 was inadmissible because the month-by-month summary outputs lacked the necessary foundation to have any probative tendency under s7 Evidence Act — the automated comparison process and underlying datasets were not shown to have been observed, audited or validated by the witness or by qualified expert evidence — and the outputs constituted hearsay as they derived from the statements/inputs of others embodied in an automated bespoke system; separately the District Court summons was validly issued under s159 Criminal Procedure Act to compel attendance and…