Commissioner of Police v Ombudsman - [1988] 1 NZLR 385

Criminal law — Practice and procedure — Discovery — Disclosure before trial of personal information held by police concerning defendant — Defendant in summary proceedings sought under Official Information Act disclosure before trial of briefs of witnesses whom police proposed to call — Police refused and defendant complained to Ombudsman who recommended disclosure — Whether Act applies to criminal proceedings — Whether disclosure would be likely to prejudice the maintenance of law and the right to a fair trial — Whether the briefs of evidence should be disclosed — Observations as to jurisdiction of Judge as well as Ombudsman to determine such questions — Official Information Act 1982, ss 2, 5, 6, 24, 27 and 35. — High Court on review ( [1985] 1 NZLR 578 ) refused disclosure