DML v Montgomery and MT Enterprises Ltd [2014] NZHRRT 6 [pdf, 182 KB]
...[135] We address first the question of a declaration. In Geary v New Zealand Psychologists Board [2012] NZHC 384, [2012] 2 NZLR 414 (Kós J, Ms SL Ineson and Ms PJ Davies) at [107] and [108] it was held that while the grant of a declaration under the Privacy Act 1993 s 85(1)(a) is discretionary, the grant of such declaratory relief should not ordinarily be denied and there is a “very high threshold for exception”. Given that the jurisdiction to grant a declaration under s 92I(3)(a) o...