By 3 News online staff
The Court of Appeal has ruled that Kim Dotcom has the right to sue the Government Communications Security Bureau (GCSB).
The Government had been battling to keep the spy agency out of the ongoing Kim Dotcom court battle.
The decision, released today, dismisses an appeal by the attorney-general of a High Court ruling last year which found the GCSB should be involved in the case.
The Court of Appeal judgment criticises the Crown for not following proper procedure and says better co-operation with Dotcom’s legal team is needed.
However, it said not all the spy evidence gathered about Dotcom and associate Bram van der Kolk has to be made available to lawyers – only what is relevant to the case.
The GCSB has already admitted it acted illegally when it intercepted Dotcom's communications, saying it was not aware he was a New Zealand resident at the time.
The decision comes two days after it was announced that the police probe into the GCSB had resumed after months of delays over whether the spy agency was able to hand over classified information to police.
Dotcom’s compensation case against the GCSB and police will be heard next month.
The internet tycoon and three others are facing charges in the United States of copyright infringement and money laundering through their Megaupload file sharing website. Their extradition hearing is due to begin later this month.