IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2022-485-000141
[2023] NZHC 1122
UNDER the Privacy Act 1993 IN THE MATTER OF
an appeal under section 123 of the Human Rights Act
BETWEEN
KIM DOTCOM
Appellant
AND
CROWN LAW OFFICE
First Respondent
Continued over page
Hearing: 2 March 2023 Appearances:
S L Cogan for appellant
V E Casey KC and A P Lawson for respondents
Judgment:
11 May 2023
JUDGMENT OF VAN BOHEMEN J AND MEMBERS SUSAN ISAACS AND NICOLA SWAIN
This judgment was delivered by me on 11 May 2023 at 3:00 pm Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar Date……………………………..
Counsel/Solicitors:
R M Mansfield KC, Auckland S L Cogan, Auckland
V E Casey KC, Wellington Mackenzie Elvin, Tauranga Crown Law Office, Wellington
DOTCOM v CROWN LAW OFFICE [2023] NZHC 1122 [11 May 2023]
ATTORNEY-GENERAL
Second Respondent
DEPARTMENT OF PRIME MINISTER AND CABINET
Third Respondent
IMMIGRATION NEW ZEALAND
Fourth Respondent
MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT
Fifth Respondent
MINISTRY OF FOREIGN AFFAIRS AND TRADE
Sixth Respondent
MINISTRY OF JUSTICE
Seventh Respondent
NEW ZEALAND POLICE
Eighth Respondent
Table of Contents
Background to appeal [4]
United States extradition requests [5]
Information privacy requests [10]
Solicitor-General responses [12]
Extradition hearing commences [17]
Complaint to Privacy Commissioner [18]
District Court finds Mr Dotcom and associates eligible for surrender [19]
Privacy Commissioner’s final views on Dotcom complaint [21]
Complaint to Tribunal [22]
High Court dismisses challenges to DC Extradition Judgment, but grants leave to appeal on limited grounds [23]
Tribunal upholds Privacy Complaint [25]
Government agencies start to respond to information privacy requests [30]
Court of Appeal dismisses challenges to HC Extradition Judgment [32]
High Court upholds appeal against HRRT Complaint Judgment [35]
Leave to appeal granted on two questions of law [37] Supreme Court decision on appeals against CA Extradition Judgment [39] Court of Appeal allows Mr Dotcom’s appeal against HC Privacy Judgment [40] Court of Appeal dismisses judicial review appeals [41]
Tribunal declines to award damages to Mr Dotcom [44]
HRRT Damages Judgment [45]
Mr Dotcom’s appeal [54]
Submissions by counsel for Mr Dotcom 19
Submissions by counsel for the Attorney-General 22
Nature of appeal 24
Questions for determination 24
Relevant provisions of Privacy Act 25
Was the Tribunal required to restrict its consideration to damages arising from harm
caused by the transfer of the information privacy requests? 29Privacy Complaint 30
HRRT Complaint Judgment 30
HC Privacy Judgment 31
Questions of law for the Court of Appeal 33
CA Privacy Judgment 33
Consequences of CA Privacy Judgment 35
Was the Tribunal bound by the High Court’s finding that there was a proper basis to
refuse the information privacy requests because they were vexatious? 37
Was the Tribunal correct in holding that no damages for loss of benefit should be awarded? 38
The SC Disclosure Judgment 40
Other challenges by Mr Dotcom 43Was the Tribunal correct in holding that no damages for injury to feelings and loss of dignity should…
Continue reading Dotcom v Crown Law Office
Sign in free to access the full text
- AGLC
- Dotcom v Crown Law Office [2023] NZHC 1122
- Case
- [2023] NZHC 1122
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.