Significant cases

Tamiefuna v R [2025] NZSC 40: whether information privacy principles / data retention relevant to scope of right against unreasonable search and seizure and remedy; counsel for Privacy Commissioner as intervener

Te Pou Matakana Ltd v Attorney-General (No 1) [2022] 2 NZLR 148, [2021] NZHC 2942; Te Pou Matakana Ltd v Attorney-General (No 2) [2022] 2 NZLR 178, [2021] NZHC 3319: urgent judicial review proceedings challenging refusal of health providers’ access to vaccination data; counsel for Privacy Commissioner as intervener

Dotcom v Attorney-General [2020] NZCA 551: appeal in Privacy Act claim against transfer and refusal of personal information requests on grounds of vexatiousness; counsel for Privacy Commissioner as intervener

United States v Microsoft (2018, United States Supreme Court, 17-02): amicus brief for the New Zealand Privacy Commissioner (with the Commissioner and Morgan, Lewis & Bockius LLP)

Inquiries

Review of NZSIS holding and use of, and access to, information collected for security vetting purposes* – Part 1 / Part 2 (2015-2017): inquiry under the Inspector-General of Intelligence and Security Act 1996 (with the Inspector-General and staff)

Inquiry into NZSIS release of information* (2014): inquiry under the Inspector-General of Intelligence and Security Act 1996 concerning release of security records under the Official Information Act 1982 and compliance with political neutrality obligations (with the Inspector-General and staff)

Inquiry into NZSIS applications for sensitive and complex warrants* (2014-2016): inquiry under the Inspector-General of Intelligence and Security Act 1996 concerning legality and adequacy of intelligence warrant applications under the New Zealand Security Intelligence Service Act 1969 (with the Inspector-General and staff

Publications

“Official access to encrypted communications in New Zealand: Not more powers but more principle?” (2020) 49(3-4) Common Law World Review 199

“Developments in Public Agencies’ Access to Privately Held Data and Data Protection Obligations” Legalwise CLE, Auckland/Wellington, March 2018

“‘Big Data’ & public law: defining lawful search & access in the face of data ubiquity” New Zealand Law Society CLE, Wellington, February 2018

“Data ubiquity and the law” Crown Law Office, 2017; the Office of the Privacy Commissioner, 2017; New Zealand Judges’ Clerks’ Conference, 2018

Official access to private data and the right to be let alone (forthcoming): paper in progress; presented as seminar to Crown Law Office (2017) and to the Office of the Privacy Commissioner (2017)