31 May 2013
DOTCOM v ATTORNEY-GENERAL [2013] NZHC 1269
- Citation
- [2013] NZHC 1269
- Court
- High Court
The MACMA warrants were invalid nullities because they failed to identify the foreign law and particular offences and authorised seizure of broad categories that inevitably captured irrelevant material; the searches were therefore unlawful and unreasonable under s 21 NZBORA; s 204/s 5 cannot cure these defects or deny relief because a miscarriage of justice occurred; equitable discretionary relief requires onshore review, return of items containing no relevant material, provision of forensic clones to plaintiffs (and limited disclosable clones to US authorities), and restriction on transfer p…