Section 68: The Shields Are Down

Abstract

On 2 December 2007 an irreplaceable collection of 96 war medals was stolen from the Waiouru Army Museum. Among the stolen medals were nine Victoria Crosses, the highest military honour awarded to New Zealanders’ to have served their country. Chief of the Army, General Lou Gardiner, described the act as not only theft from the defence and army, but also a theft from the nation. A country whose heritage and history had been deeply insulted waited as a police conducted manhunt ensued. Come February 2008 and despite the recovery of the stolen medals, the thieves were still at large. John Campbell, a current affairs broadcaster, secured an interview with an alleged thief on his program Campbell Live. The interview involved the alleged thief discussing the public outcry following the theft and how sorry he was. The police were able to make arrests in the case and then applied for an order of disclosure of the interviewee’s identity. Mr Campbell applied for protection from compulsion under s 68 of the Evidence Act 2006, New Zealand’s recently enacted and previously unused journalist shield law. If the application was successful, Mr Campbell would not have to produce information that would reveal the identity of the alleged thief and confidential source. In Police v Campbell (Campbell), Randerson J indicated to Mr Campbell he would order him to provide the relevant documentation to the police disclosing the alleged offender’s identity. In light of this Mr Campbell agreed to produce a will-say document disclosing the relevant information.