R v Hiep Pham [2016] NZDC 3108

Published 09 February 2018

Non party disclosure —Criminal Disclosure Act 2008, ss 13, 16, 24-29 —evidence —importing methamphetamine —conspiracy to supply methamphetamine —possession of methamphetamine The defendant faced charges relating to methamphetamine. He applied for disclosure of documents that relating to a tracking device installed by New Zealand Customs. Most of the evidence came from an investigator for New Zealand Customs Service, Drugs and Prohibited Goods Unit. Pursuant to the Act a non-party can use reasons listed in s 16 to withhold information. The issue is whether the non-party is entitled to redact the grounds (and thus supply only a redacted affidavit) in support of those reasons. With the exception of s 16 in the unredacted affidavit, the Judge ruled that the unredacted affidavit should be supplied to counsel for the Crown and counsel for the defendant provided that: no copy of the affidavit is made, no copy is shown to any person, including defendants, without leave of a judge and the contents are not disclosed to any person without leave of a Judge. A final outcome was not reached in relation to the disclosure of the information itself; hearing yet to be held. Judgment date: 8 March 2016