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

 

High Court Decision on Dotcom v AG on Obama request

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

BETWEEN KIM DOTCOM

First Plaintiff

MEGAUPLOAD LIMITED

Second Plaintiff

AND THE ATTORNEY-GENERAL (on behalf of the Crown in right of New Zealand)

First Defendant


Introduction

[1] The former President of the United States of America, Barack Obama, is in New Zealand for three days. The plaintiffs have filed an application for an order for his examination before a Judge while he is in New Zealand or, in the alternative for an order sending a letter of request to the judicial authorities of the United States to take his evidence in the United States.

[2] The plaintiffs also seek a further order that any order that may be made be served by way of substituted service. The application has been supported by affidavits from Mr Dotcom and Ms Ingram, a solicitor employed by Mr Dotcom’s advisers.

[3] The applications were filed late on 19 March 2018. According to press reports Mr Obama is only in New Zealand between 21 and 23 March. The application was referred to me yesterday. I convened a telephone conference this morning to deal with the application as a matter of urgency.

[4] In the limited time available Crown Law, who have represented the defendants in this proceeding, have filed a brief affidavit by Ms Regan annexing various tweets by Mr Dotcom. On behalf of the defendants Mr Lillico addressed oral submissions in opposition to the application….

… [18] For the above reasons I decline to exercise the discretion to issue a subpoena or to make a request. The application for the issue of a subpoena or letters of request is dismissed. The application for substituted service is, in the circumstances, otiose. It is also dismissed.

Full Decision.pdf

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Spying On Politicians, Activists, Iwi, Quake Victims: "Failings Across Public Service"

A State Services Commission investigation into the use of external security consultants by government agencies has uncovered failings across the public service, including breaches of the code of conduct...

However, the inquiry found no evidence of widespread inappropriate surveillance by external security consultants on behalf of government agencies. More>>

 

Dope News: Binding Cannabis Referendum To Be Held At 2020 Election

The referendum on cannabis for personal use is part of Labour's confidence and supply agreement with the Greens. It could be one of potentially three referenda - decisions have yet to be made about euthanasia and changes to electoral laws. More>>

ALSO:

Vic: Victoria University Name Change Rejected

Education Minister Chris Hipkins has declined Victoria University of Wellington Council’s application for a legal name change. More>>

ALSO:

PM's Post-Cab 17/12/18: Chief Justice, M Bovis

Prime Minister Jacinda Ardern's final post-cabinet press conference of the year focussed on announcing the appointment of Helen Winkelmann as the next Chief Justice, and an update on effort to eradicate Mycoplasma bovis from New Zealand. More>>

ALSO:

Law Commission Issues Paper: Use Of DNA In Criminal Investigations

In the 22 years since the Act came into force, it has become clear that the modern-day fingerprint analogy is increasingly inapt... Theoretically, whole genome sequencing could ultimately become the standard method of analysing a DNA sample. Such a development will give a new perspective on the concept of genetic surveillance in the criminal context. More>>

State Highways: $1.4 Billion For Road Safety Improvements

The Safe Network Programme will make 870 kilometres of high volume, high-risk State Highways safer by 2021 with improvements like median and side barriers, rumble strips, and shoulder widening. More>>

ALSO:

Dealing Crackdown, Addiction Support: Government Action On Synthetics

The NZ Drug Foundation has welcomed the Government’s response to synthetic drug deaths. The response strikes a balance between giving law enforcement the tools they need to target criminal networks and changing drug law to make it easier for people to access help when they need it. More>>

ALSO:

Strategy Committee Unanimous: Wellington To Forge Ahead With Convention Centre

The three-storey Cable Street building, with around 18,000-square metres of floor space, will comfortably be able to host 1500 people for conventions. It includes a 1651sq m exhibition area that will attract international exhibitions too big for nearby Te Papa and provide an always-changing visitor attraction. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels