Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Judgment: GCSB added to Dotcom proceedings

[The following are extracts from the full judgment. The original PDF is at Dotcom__Ors_v_Atorney_General__DC_North_Shore.pdf]


IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY
CIV-2012-404-001928

[2012] NZHC 3268
UNDER the Judicature Act 1972
IN THE MATTER OF an application for judicial review
BETWEEN KIM DOTCOM First Plaintiff
AND FINN BATATO Second Plaintiff
AND MATHIAS ORTMANN Third Plaintiff
AND BRAM VAN DER KOLK Fourth Plaintiff
AND ATTORNEY-GENERAL First Defendant
AND THE DISTRICT COURT AT NORTH SHORE Second Defendant
Hearing: 14 November 2012
Counsel: P J Davison QC, W Akel and R Woods for First Plaintiff GJ Foley for Second, Third and Fourth Plaintiffs J C Pike and FRJ Sinclair for First Defendant DPH Jones QC, Amicus SBW Grieve QC, Special Advocate
Judgment: 5 December 2012

JUDGMENT OF WINKELMANN J

This judgment was delivered by me on 5 December 2012 at 2.15 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar


[1] The plaintiffs apply to join an additional defendant, amend the statement of claim, and for additional discovery. The background to these applications is as follows. I have previously determined that aspects of a Police search and seizure in January 2012, in connection with the plaintiffs, were illegal. Following on from that finding, there was a hearing in August 2012 to consider the plaintiffs’ allegations that the Police search and seizure of the Dotcom mansion was unreasonable because it was illegal, and because the force used was excessive in all the circumstances. I refer to this hearing as the remedies hearing.

[2] Following the conclusion of the remedies hearing, material came to light which showed that the Government Communications Security Bureau (GCSB) had been intercepting the communications of the first and fourth plaintiffs, Mr Dotcom and Mr van der Kolk. The first defendant concedes that those interceptions were unlawful.

[3] The revelation that the Police had access to intercepted communications gathered by the GCSB created difficulty in the conduct of this litigation. This is material which is likely relevant, at least in part, to an assessment of the circumstances as the Police understood them to be, when they planned the search of the Dotcom property. If so, it is material which should have been available for the remedies hearing. There is further difficulty, however, because the GCSB claims that disclosure of those communications will prejudice New Zealand’s national security interests as it will tend to reveal intelligence gathering and sharing methods. The first defendant also challenges the relevance of the documents, and says, even if they are relevant, I should direct, pursuant to s 70 of the Evidence Act 2006, that they should not be disclosed in the proceeding.

[...]

[42] A summary of my rulings is as follows:

(a) The GCSB is joined as a defendant to these proceedings.

(b) Leave is granted to the plaintiffs to amend their claim, in accordance with the draft pleading filed, to seek declarations about the legality of the GCSB’s actions and to seek damages against the Police and the GCSB.

(c) I will inspect any documents relating to the topics identified at pages 76 and 172 of the blue folder (other than those relating to the financial institutions briefing) in order to determine relevance.

(d) The GCSB is to provide discovery of documents in accordance with paragraphs [27] – [30].

(e) Detective Superintendent Pannett is to provide an affidavit in which he deposes whether he viewed a live feed of any aspect of the New Zealand termination operations and, if he did, provides details particularising the timing and enabling identification of the source of that feed and the locations and events being filmed.

(f) Detective Inspectors Jones and Wormald are to file affidavits setting out all their dealings in respect of “the stationary cameras” (attaching any relevant documentation).

[43] There will be a further conference in this proceeding in the second week of December 2012, to resolve any outstanding matters in terms of the judgment, and to address any necessary timetabling in connection with the judgment.

ENDS

Full judgment: Dotcom__Ors_v_Atorney_General__DC_North_Shore.pdf

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Parliament Today:

Werewolf: The Defence Pretence

Last year, the world began spending more money on weapons again, for the first time since 2011... New Zealand belongs to a region – Asia and Oceania – where military spending rose sharply in 2015, by 5.4 per cent. More>>

ALSO:

Gordon Campbell: On Not Crying Foul, Argentina

So a couple of guys found to be criminally liable of environmental pollution in Argentina lodge an application with the Overseas Investment Office… in order to buy some prime New Zealand rural land. Seems that their factory back home had carelessly and/or intentionally discharged toxic waste into the Lujan river. Bummer... More>>

ALSO:

Urban & Rural: $303m To Merge And Modernise New Zealand’s Fire Services

Internal Affairs Minister Peter Dunne today announced funding of $303 million over five years to combine urban and rural fire services into one organisation from mid-2017. More>>

ALSO:

High Trust Regime: What Did The PM Tell His Lawyer About Foreign Trusts?

The Government stopped the IRD from reviewing New Zealand foreign trusts shortly after the Prime Minister’s lawyer wrote to the Revenue Minister claiming John Key had promised him the regime would not be changed. More>>

ALSO:

Road Crime: Wicked Campers Vans Classified As Objectionable

The definition of publication includes any "thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words", The Classification Office has previously classified such 'things' as billboards, t-shirts, and even a drink can. This is the first time the Classification Office has classified a vehicle. More>>

ALSO:

'When New' Repairs: Landmark EQC Settlement

The Earthquake Commission has cut a deal with 98 Canterbury homeowners that affirms the government entity's responsibility to repair earthquake-damaged property to a 'when new' state, as well as covering repairs for undamaged parts of a property and clarifying its position on cash settlement calculations. More>>

ALSO:

Gordon Campbell: On Kiwirail’s Latest Stint In The Dogbox

The denigration of Kiwirail continues. The latest review (based on a 2014 assessment) of the options facing the company have enabled Kiwirail to be hung out to dry once again as a liability and burden on the taxpayer. More>>

ALSO:

Royal Society Report: Good Opportunities To Act Now On Climate Change

There are many actions New Zealand can and should take now to reduce the threat of climate change and transition to a low-carbon economy, a report released today by the Royal Society of New Zealand finds... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news