Kim Dotcom, Finn Batato, Mathias Ortmann, Bram Van der Kolk v The Attorney-General - SC 25/2014

Civil Appeal – Mutual Assistance in Criminal Matters Act 1992, ss 44 and 45 – Summary Proceedings Act1 1957, s 204 – New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its interpretation and application of s 45 of the Mutual Assistance in Criminal Matters Act 1992 – Whether the Court of Appeal erred in finding that the information in the search warrants could be clarified by information in the arrest warrants – Whether the Court of Appeal erred in determining that it was not necessary for the District Court judge to include special conditions in the search warrants – Whether the Court of Appeal erred in stating that the police could be expected to and did in fact know and apply the requisite limits of the warrant and that the District Court judge issuing the warrants was entitled to rely on this – Whether the Court of Appeal erred in finding that the defects in warrants were defects in form not substance – Whether the Court of Appeal erred in finding that s 204 of the Summary Proceedings Act 1957 was applicable – Whether the Court of Appeal erred in affirming that the applicant bore the burden of proof in relation to miscarriage of justice in s 204 of the Summary Proceedings Act 1957 – Whether the Court of Appeal erred in finding that the defects in the search warrants did not cause substantial prejudice to the appellants so that there was no miscarriage of justice – Whether the Court of Appeal erred in failing to interpret the Mutual Assistance in Criminal Matters Act 1992 and s 204 of the Summary Proceedings Act 1957 in a manner least intrusive upon the rights guaranteed in the New Zealand Bill of Rights Act 1990.[2014] NZCA 19    CA 420/2013
_________________________________________
Appeal dismissed
23 December 2014