Appeal against High Court decision setting aside permanent non-publication order made by coroner over informer’s identity – is informer privilege under s 64 Evidence Act 2006 a joint privilege held by both the informer and the Crown? – how is the Crown’s interest in keeping the identity of informers secret protected? – is the privilege available in civil proceedings? – can the privilege be asserted by a person who admits involvement in the offending?

AB v Cooke [2025] NZCA 613

In May 2010, AB made an anonymous call to the Ministry of Social Development (MSD) informing it that Ms Shoebridge had been receiving a benefit while living in a relationship in the nature of marriage. In June 2010, he reiterated the allegations by email.

MSD investigated the allegations and interviewed Shoebridge, with AB present. AB did not disclose to Shoebridge what he had done. On 2 April 2011, Shoebridge received a letter from MSD advising that the matter was to be referred for prosecution. She took her own life that evening.