19 Jul 2018
A v MINISTER OF INTERNAL AFFAIRS [2018] NZHC 1797
- Citation
- [2018] NZHC 1797
- Court
- High Court
The Court held that ordinarily the head of the relevant security agency controls certification of CSI and the Court's role is to determine whether withholding is desirable and to approve an unclassified summary; however, limited exceptions may exist where judicial supervisory review of a CSI certification is appropriate (for example where no evidence supports the statutory criteria, redaction would preserve non‑sensitive content, or CSI is used to conceal exculpatory material). Discovery may extend to a wider category of documents subject to the s29AA(5) CSI certification process. The unclass…