Hide loses fight to access property developer’s files
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.