SOLICITOR-GENERAL v NEWSROOM NZ LIMITED [2020] NZHC 3441

SOLICITOR-GENERAL v NEWSROOM NZ LIMITED [2020] NZHC 3441

The publications constituted reports of Family Court proceedings because they recounted matters placed before and decided by the Family Court; they included particulars and visual material which, cumulatively, were likely to lead to identification of the children and the South Island foster family contrary to s 11B(3)/11C; accordingly an interim injunction restraining publication of the video, associated articles and photographs was warranted and granted.

Citation
(2020) 25 PRNZ 622
Parties
Plaintiff/applicant: SOLICITOR-GENERAL; Defendant/respondent: NEWSROOM NZ LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 December 2020
Procedural Posture
Application for Orders Restraining Publication and Interim Injunction Under the Senior Courts Act 2016 and Family Court Act 1980 / Interim Injunction Granted (on Notice Hearing Held)
Outcome
Interim injunction granted restraining publication of the specified video, related written articles and photographs until further order of the Court; costs reserved; leave to apply reserved
Legal Topics
Publication of Reports of Proceedings, Identifying Information, Interim Injunction, Leave to Publish Under S 11 B(3), Freedom of Expression (nzbora)
Family Law Media Law Privacy Law Child Welfare (oranga Tamariki) Contempt of Court Publication of Reports of Proceedings Identifying Information Interim Injunction +2 more

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Parties

SOLICITOR-GENERAL

Plaintiff/applicant

NEWSROOM NZ LIMITED

Defendant/respondent

Procedural Posture

Application for Orders Restraining Publication and Interim Injunction Under the Senior Courts Act 2016 and Family Court Act 1980 / Interim Injunction Granted (on Notice Hearing Held)

Legal Issues

  1. 1 Whether the Newsroom publications constitute a 'report of proceedings' in the Family Court for the purposes of s 11B(3) Family Court Act 1980
  2. 2 Whether the publications include 'identifying information' likely to lead to identification under s 11C Family Court Act 1980
  3. 3 Whether the High Court has jurisdiction to grant injunctive relief to prevent prohibited publication/potential contempt

Ratio Decidendi

The publications constituted reports of Family Court proceedings because they recounted matters placed before and decided by the Family Court; they included particulars and visual material which, cumulatively, were likely to lead to identification of the children and the South Island foster family contrary to s 11B(3)/11C; accordingly an interim injunction restraining publication of the video, associated articles and photographs was warranted and granted.

Court Disposition

Interim injunction granted restraining publication of the specified video, related written articles and photographs until further order of the Court; costs reserved; leave to apply reserved

Orders

  • Interim injunction granted restraining Newsroom NZ Ltd from publishing the identified video, associated written articles and photographs that include identifying information until further order of the Court (orders at paras 1.1–1.3 of the application dated 27 November 2020)
  • Order to remain in place until further order of the Court