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

 


Judgment: Court Orders Return Of Dotcom Material

[Full judgment: Dotcom_April_Judgment.pdf]

DOTCOM v ATTORNEY-GENERAL [2013] NZHC 1269 [31 May 2013]


IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY
CIV-2012-404-001928

[2013] NZHC 1269

UNDER the Judicature Amendment Act 1972
IN THE MATTER OF an application for judicial review and application for orders for interim relief pursuant to s 8
BETWEEN KIM DOTCOM

First Plaintiff
AND FINN BATATO

Second Plaintiff
AND MATHIAS ORTMANN

Third Plantiff
AND BRAM VAN DER KOLK

Fourth Plaintiff
AND ATTORNEY-GENERAL

First Defendant
AND THE DISTRICT COURT AT NORTH SHORE

Second Defendant

Hearing: 15, 18 April 2013
Counsel: P J Davison QC, W Akel & R Woods for first plaintiff

G J S R Foley for second, third and fourth plaintiffs

K P McDonald QC and D J Boldt for first defendant
Judgment: 31 May 2013


JUDGMENT OF WINKELMANN J

This judgment was delivered by me on 31 May 2013 at 1.00 pm

pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

A. Introduction

[1] In June 2012 I issued a judgment upholding the plaintiffs’ challenge to the validity of search warrants and related searches (the warrants’ judgment). The warrants had been issued by the District Court and executed by Police in January 2012 at addresses associated with the first plaintiff, Mr Dotcom, and the fourth plaintiff, Mr van der Kolk. Assets of all four plaintiffs were seized during the course of those searches. This judgment is concerned with the appropriate relief to be granted to the plaintiffs in light of those findings.

[...]

I Orders

[65] I therefore make orders in the following terms:

(a) An order by way of declaration that the MACMA search warrants were unlawful;

(b) In respect of items that have not yet been cloned:

(i) An order that none of the items seized, nor copies or clones thereof, remaining in New Zealand be permitted to leave New Zealand or be accessed in any way other than in accordance with the processes set out in paragraph (b)(ii) below, subject to any further order of the Court;

(ii) An order providing for the following process to be undertaken at the cost of the Police: [I do not by this preclude the Police recovering those costs from the United States authorities. ]

1. The review of all items seized, including the contents of digital storage devices, for the purpose of identifying irrelevant material;

2. Items containing only irrelevant material are to be returned to the plaintiffs;

3. In respect of items identified as mixed content devices, two different clones must be prepared – one complete clone to be provided to the plaintiffs and one “disclosable” clone, with any personal photographs or film deleted, to be provided to United States authorities after the plaintiffs have received their clone;

4. In respect of items containing only relevant material, clones must be provided to the plaintiffs before a clone is provided to the United States;

(c) In respect of items which have already been cloned:

(i) An order that those clones created by the FBI and currently held by the Police (the existing clones) will be provided to the plaintiffs upon receipt of encryption passwords;

(ii) In respect of clones that have already been sent to the United States and the original devices that were cloned:

1. An order by way of declaration that the removal of clones from New Zealand was contrary to the Solicitor-General’s direction to the Commissioner of Police dated 16 February 2012, was not authorised in accordance with s 49 of the MACMA, and was accordingly unlawful;

2. An order requiring the Police to provide confirmation in writing to the plaintiffs identifying those items the clones of which have been removed from New Zealand, and confirming whether or not the existing clones are effectively duplicates of the clones removed from New Zealand;

3. An order requiring the examination of the original devices that were cloned. If any of these devices are found to contain no relevant material, they are to be returned to the plaintiffs and the Police are to request the United States authorities to destroy clones of that device, and all material derived from that clone. The Police are to provide a copy of this judgment to the FBI so that they are aware of this possibility.

[66] A further issue may arise in respect of those clones which have already been sent to the United States if the examination of the original devices reveals that those devices contain personal photographs or film. It is my expectation that the FBI will not retain that material.

[67] I reserve leave for the parties to seek any directions necessary to give effect to the orders above.

[68] I did not hear the parties on the issue of costs, though the plaintiffs have signalled that they will seek indemnity costs. I reserve leave for the parties to file memoranda, the plaintiffs within five working days of the date of this decision, and the Police within a further 10 days.

[Full judgment: Dotcom_April_Judgment.pdf]


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Extended Cease Fire: Gaza Celebrates!!!!

Images and video from Gaza.Scoop - Julie Webb Pullman in Gaza.

Gazans took to the streets tonight to celebrate their victory in achieving the end of hostilities and the lifting of the illegal seven-year siege. Whatever tomorrow may bring, tonight was a time to rejoice! More>>

Details:

 

Parliament Today:

Collins 'Misinterprets Media Reports': "Too Compromised To Remain Justice Minister"

Bizarre claims by Judith Collins this morning that she had been cleared of inappropriate behaviour by the Privacy Commissioner demonstrates she is too compromised to remain Justice Minister, Labour MP Grant Robertson says. More>>

ALSO:

Labour On Climate Change: Focus On The Now For The Future

A Labour Government will put in place a comprehensive climate change strategy focusing on both mitigation and adaptation, establish an independent Climate Commission and implement carbon budgeting, says Labour Climate Change spokesperson Moana Mackey. More>>

ALSO:

Gordon Campbell: On National’s Housing Assistance Plan

So, as many as 90,000 people could derive some benefit from National’s housing assistance plans for low and middle-income earners... Yet in reality, the benefits seem likely to be insignificant, and they will be skewed towards those at the top end of the income group that’s supposedly the target. More>>

ALSO:

Election Data Consortium: National’s Worst Case Scenario At Stage One?

A month out from the general election and ipredict traders are still forecasting National’s vote to slip below current polling levels and there is potential for it to fall further. More>>

ALSO:

From The Scoop Video Archive: PM Says SIS "Told Me" About OIA Release

In a press conference immediately following an controversial OIA release of notes on an SIS briefing to then Labour leader Phil Goff, Key said "at that point [Tucker] told me he'd release it ...". Since the release of Nicky Hager's 'Dirty Politics' Key has denied being personally informed and said references by officials to 'the PM' being told briefed referred to his office. He now says the same about his own statement. More>>

ALSO:

  • Scoop Video in the news - New questions over Key claims | NZ Herald News - Stuff.co.nz
  • Earlier - Felix Marwick: Laying out facts over SIS documents - Newstalk ZB
  • Labour - Director’s letter contradicts Key’s claims
  • ACT - The Letter - 26 days to go
  • TV3 Video - Housing issue nudges Dirty Politics aside - David Cunliffe: Key's SIS explanation 'defies belief' - SIS leak came from Key's Office - Goff - Key 'categorically denies' Slater OIA discussion - Video: Key faces more Dirty Politics questions

  • TVNZ - Winston Peters: ‘Dirty Politics' is a new low
  • The Nation - Debate Between Grant Robertson And Russel Norman
  • NZ First - “The Words Mean What I Say They Mean”
  • Schools, PPTA Sign Up: Primary Teachers And Principals Vote Down Govt Plan

    Teachers and principals have voted overwhelmingly against the Government’s controversial “Investing in Educational Success” policy, including proposed highly-paid principal and teacher roles. More>>

    ALSO:

    Gordon Campbell: On The Usual Round Of Mud Slinging And Name-Calling

    This week gave an interesting example of how hard it is to untangle the reality from the slanging matches. The issue that emerged early this week could hardly be more important. Does the government intend to cut spending in health, education and on the environment if re-elected, or not? More>>

    Earlier:

    Electionresults.co.nz: National and NZ First Rise in Roy Morgan Poll

    National has bounced back in the latest Roy Morgan Poll but the big winner has been New Zealand First who rise to their highest level of support since September 2013. More>>

    ALSO:

    Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news