Controller and Auditor-General v Sir Ronald Davison (CA 226/95) KPMG Peat Marwick and Others v Sir Ronald Davison (CA 223/95) Brannigan and Others v Sir Ronald Davison (CA 231/95) - [1996] 2 NZLR 278

International law — Sovereign immunity — Circumstances in which foreign government may forfeit its right to sovereign immunity — Relevance of desirability of comity of nations — Commission of inquiry — Whether Commissioner of Inquiry could require production of documents and giving of oral evidence in respect of matters outside the territorial jurisdiction of New Zealand — Whether foreign government engaged in commercial activities or governmental activities — Whether issues of public policy were dominant element in the deliberations of a commission of inquiry — Applicability of doctrine of iniquity — Crimes Act 1961, s 352(1) — Evidence Amendment Act (No 2) 1980, s 35 — Public Revenues Act 1953, s 12 Commissions of Inquiry Act 1908, ss 4C, 4D, 13A, 13B and 13C.

Evidence — Commission of inquiry — Commissioner requiring production of documents and giving of oral evidence in respect of matters outside the territorial jurisdiction of New Zealand — Whether commissioner could make such requirement — Whether issues of public policy were dominant element in the deliberations of a commission of inquiry — Crimes Act 1961, s 352(1) — Evidence Amendment Act (No 2) 1980, s 35 — Public Revenues Act 1953, s 12 — Commissions of Inquiry Act 1908, ss 4C, 4D, 13A, 13B and 13C.

Application for review — Judicature Act 1908 — Commission of inquiry — Whether Commissioner of Inquiry could require production of documents and giving of oral evidence in respect of matters outside the territorial jurisdiction of New Zealand — Whether witnesses had defences of sovereign immunity or protection from self incrimination — Whether issues of public policy were the dominant element in the deliberations of a commission of inquiry — Extent of limitation on commissioner's powers — Crimes Act 1961, s 352(1) — Evidence Amendment Act (No 2) 1980, s 35 — Public Revenues Act 1953, s 12 — Commissions of Inquiry Act 1908, ss 4C, 4D, 13A, 13B and 13C.