Taranaki Daily News

Hide loses fight to access property developer’s files

- Susan Edmunds

Former MP Rodney Hide has failed in his attempt to be shown confidenti­al informatio­n relating to the bankruptcy of property developer David Henderson.

Henderson has been adjudicate­d bankrupt twice, in 1996 and 2010. The latter occasion led to a High Court fight with the official assignee, which claimed he had been running a business while bankrupt.

Hide has been a long-time supporter of Henderson and questioned why he could not be shown informatio­n used as part of the official assignee’s investigat­ion.

Hide appeared before the Human Rights Review Tribunal, challengin­g the official assignee’s right to withhold documents.

Henderson appeared at the hearing as Hide’s McKenzie friend, meaning someone who attends court to support a person who lacks legal representa­tion.

But the tribunal said there was a reasonable expectatio­n of confidenti­ality of the informatio­n, which was compiled for the purpose of the official assignee’s report to the High Court.

‘‘The documents comprise the backbone of a complex investigat­ion into Mr Henderson’s property, conduct and dealings and are confidenti­al and should remain so,’’ the decision said.

‘‘The assignee’s investigat­ive functions will be prejudiced if confidenti­ality is not preserved in the documents. Protection of investigat­ive techniques and relevant lines of inquiry lie at the core of the law’s protection of confidenti­al informatio­n.’’

Disclosure of the informatio­n might lead to other agencies or informants not wanting to give informatio­n to the official assignee in the future, the tribunal said.

The tribunal noted the related criminal proceeding­s linked to the investigat­ion were still before the court. Henderson is also subject to bankruptcy restrictio­ns until 2022.

The tribunal said the evidence in question would have relevance in both contexts, and it was likely informatio­n given to Hide would end up shared with Henderson.

In mid-2018, Henderson won the right to work as a property developmen­t consultant providing advice to clients, but is not allowed to employ staff. He also has a permanent ban on giving personal guarantees for debts, and a ban on being a company director until December 2022.

Hide said he did not want to comment while court action was continuing.

 ?? STUFF ?? Former MP Rodney Hide, far left, has been a longtime supporter of property developer David Henderson.
STUFF Former MP Rodney Hide, far left, has been a longtime supporter of property developer David Henderson.
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