He said there was a lot of detail in the document which outlined specifics of the allegations into how Smith allegedly got hold of the passport.
But Dr Ellis said much of the information was already "in the public arena" and highlighted specific sections that should be withheld from the media.
He questioned whether trying to suppress material that had already been published was "hypocrisy or incompetence" by the police, but settled on "incompetence".
"One section of the police does not know what the other section is doing," Dr Ellis said.
He also highlighted his concerns over fair trial rights and said there had been "massive publicity", much of which he blamed on police.
Judge Eddie Paul asked both lawyers to confer about a redacted version and said he would have the final word on what, if anything, could be released.
"[The summary] goes into tactical issues and issues of investigation," he said.
Smith's next court appearance - a case review - was originally set for February but Dr Ellis asked for that to be delayed until March.
Smith was caught in Rio de Janeiro on November 13 a week after allegedly fleeing New Zealand while on temporary release from Spring Hill Corrections Facility in South Auckland where he was serving a life term.
In 1995, he stabbed to death the father of a boy he had been sexually abusing, after tracking the family down to a Wellington house where they had moved to escape him.
Smith was on bail at the time for the sexual offending and charges of blackmail against a man who later killed himself.
