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New Zealand Police v Bowen [2019] NZDC 7173

Published 18 June 2021

Application for disclosure — victim video statements — family violence complainant — mobile video records — Criminal Disclosure Act 2008, s 42 — Evidence Act 2006, ss 103, 106, 106A & 106B — Evidence Regulations 2007, rr 55, 57, 60, 62 & 63. The defendant faced allegations of domestic violence after two incidents involving his mother. In this pretrial matter he alleged inadequate disclosure by the police of video statements made by his mother. The police had provided the defendant's lawyer a link to a storage provider website where he would be able to view the video, as long as he created an account with the website. The lawyer argued that by requiring him to create an account the police had imposed conditions on the disclosure, which they had no power to do. He also argued that the police were attempting to illegally track access to the storage system, and that they should provide access to the entire Public Defence Service (PDS) rather than to individual counsel. He submitted that proper disclosure would involve the police providing him with a DVD of the video. The Court found that the website link to the video was adequate disclosure. The terms of use for the storage provider website were common practice and were not unduly restrictive on counsel. Further, the police were legally obliged to keep records of access to the storage system, and to provide access to the entire PDS rather than to individual counsel would be to breach privacy obligations. The link to the video enabled the video to be viewed in prison if necessary, so there was no need for the police to provide counsel with a DVD. The Court found that the police had provided the defendant with proper access to the video evidence. Judgment Date: 16 April 2019.