Lincoln v Police

In the case of Lincoln v Police, the applicant, Malcolm Edward Rabson, sought judicial review of a decision by the New Zealand Law Society (NZLS) to dismiss his complaint that Z, a lawyer, had intended to mislead the Court of Appeal. The court was required to decide whether the interim name suppression orders granted by the court should be made permanent. The primary legal issue was whether the interests of justice required the continuation of the name suppression orders for the applicant and Z.

The court considered the statutory framework governing the discipline of lawyers and the relationship with name suppression orders. The court noted that the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyers: Complaints Service and Standards Committees) Regulations 2008 provided for confidentiality in the complaints process before Standards Committees. The court also considered the balance between open justice and the interests of the party seeking suppression.

The court ultimately decided that permanent name suppression should be granted for Z, but not for the applicant. The court found that no adverse finding was made against Z in the Standards Committees' decisions, and there was no material public interest in publishing Z's name. Additionally, the court found that publication of Z's name would have significant adverse consequences for him and that the statutory presumption of confidentiality should be upheld.

The court's reasoning was based on the fact that no adverse finding was made against Z, the significant consequences of publication for Z, the statutory presumption of confidentiality, and the applicant's misuse of the court's jurisdiction. As a result, the court granted permanent name suppression for Z, while the interim name suppression for the applicant was lifted.