High Court Decision on Dotcom v AG on Obama request

Published: Wed 21 Mar 2018 04:29 PM
First Plaintiff
Second Plaintiff
AND THE ATTORNEY-GENERAL (on behalf of the Crown in right of New Zealand)
First Defendant
[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

Next in New Zealand politics

Gordon Campbell on why shipping is NZ’s new trade problem
By: Gordon Campbell
National announces spokesperson for Drug Reform
By: New Zealand National Party
KiwiBuild head Stephen Barclay officially resigns
Steep rise in hardship numbers showcases income inadequacy
By: Auckland Action Against Poverty
Gordon Campbell on MBIE’s social media scam
By: Gordon Campbell
New campaign for a 21th century trade agenda
By: Professor Jane Kelsey
Gordon Campbell: Thompson + Clark are the tip of the iceberg
By: Gordon Campbell
NZ UK trade relations advanced in Prime Ministers meeting
By: New Zealand Government
Gordon Campbell on the Brexit Vote Aftermath
By: Gordon Campbell
Brexit: What does that mean for NZ trade?
No-Confidence Survivor: Theresa May and Brexit
By: Binoy Kampmark
Coordinated approach to drug reform needed
By: New Zealand National Party
Green Party welcomes open, public debate on Drug Reform
By: Green Party
Twyford: It's going to be tough to meet Kiwibuild target
KiwiBuild a 'massive political distraction'
By: BusinessDesk
View as: DESKTOP | MOBILEWe're in BETA! Send Feedback © Scoop Media