17 Dec 2020
RE C [2020] NZHC 3381
- Citation
- [2020] NZHC 3381
- Court
- High Court
The court held s 64 did not render the defendants' documents undiscoverable because (1) s 51(5) excludes application of s 64 to communications made by an authorised representative, so documents emanating from the law firm were not protected by s 64; and (2) 'enforcement agency' in s 64 is confined to agencies enforcing New Zealand enactments (the definition of 'enactment' and reference to New Zealand Police indicate a domestic focus), so foreign bodies CAD and MAS are not enforcement agencies under s 64. Consequently s 64 privilege was unavailable; the court also refused to exercise discretio…