NOTE Police v Campbell (No 2) - [2010] 1 NZLR 509

Evidence — Privilege — Application for order that journalist disclose identity of informant — Balancing exercise — Public interest in disclosure — Public interest in news media’s communication of facts and opinion — Freedom of expression — When court should override journalists’ right to protection from disclosure — Whether protection should be overridden only in exceptional circumstances — Whether standard of proof required before court orders disclosure — Evidence Act 2006, s 68.

Criminal practice and procedure — Evidence — Application for order that journalist disclose identity of informant — Balancing exercise — Relevant factors — Public interest in prevention and prosecution of crime — Other means of obtaining information — Seriousness of charge — Whether strengthening prosecution case by disclosing identity of informant who confessed to crime likely to have adverse effect under legislation — Evidence Act 2006, s 68.