Application for leave to appeal District Court pre-trial judgment, ruling that a conversation between appellant and Destiny Church “general” admissible – who is a “minister of religion” for the purposes of religious privilege in s 58 Evidence Act 2006? – was the communication made in confidence and for the purpose of obtaining or receiving religious or spiritual advice, benefit, or comfort? – was the communication confidential and protected by s 69 Evidence Act?

Fox v R [2024] NZCA 256

In 2019, the police commenced an investigation into Graham Fox for sexual offending against a young man, AB, in the early 1990s. AB is 16 years younger than Fox. Police spoke to another young man, CD, who used to visit Fox’s home with AB and other boys. CD later advised Fox of the police investigation.

Fox was a member of the Destiny Church and attended the “Man Up” program. He approached Craig Brown, who was a “general” in the program and an “area commander” in the church and showed him some text messages that he had received from CD. Fox and Brown arranged to talk further at a service station café a week later.