Appeal Court to look at full affidavit in Tauber dispute

Monday 23rd July 2012

The Court of Appeal has asked to see an affidavit at the heart of the tax department's raids on the homes of Auckland businessmen Andrew Tauber and Paul Webb last year.

The bench made up of Justices Lynton Stevens, Simon France and Forrest Miller will decide on whether an Inland Revenue Department affidavit used to justify the search and seizure orders was in order and whether all of the redactions are appropriate.

The full affidavit wasn't available to Judge Geoff Venning, who last year upheld the tax department's search operation based on a version of the affidavit that had some sections blacked out.

Tauber, Webb, their accountant Maree Bockett and several related companies are appealing that decision.

Counsel for the tax department, Pauline Courtney, told the court in Wellington information had been redacted to avoid prejudicing future action against the taxpayers. The department is still investigating whether there has been any tax avoidance, she said.

Judge Stevens said any information that they deem shouldn't be redacted will be available to Mike Lennard, Tauber and Webb's counsel.

Lennard told the court the tax department jumped the gun in requesting the search warrants, saying it still had options available to it, such as requesting his clients be interviewed.

The hearing is set down for today, and is proceeding.

BusinessDesk.co.nz

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