STUFF LTD v HUBBARD [2019] NZHC 1596

STUFF LTD v HUBBARD [2019] NZHC 1596

The High Court held the District Court erred in finding the s200 CPA threshold of 'extreme hardship' met on the material before it and erred in suppressing the judge's decision and parties' oral and written submissions under ss205/207; suppression orders were quashed and open justice prevailed.

Citation
[2019] NZHC 1596
Parties
Appellant: Stuff Ltd; First Respondent: Laurel Hubbard; Second Respondent: New Zealand Police
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 July 2019
Procedural Posture
Appeal From District Court / Hearing on Appeal and Judgment
Outcome
Appeal allowed; District Court suppression orders quashed
Legal Topics
Name Suppression, Suppression Orders, Discharge Without Conviction, Extreme Hardship Test, Publication of Court Proceedings, Balancing Test
Criminal Procedure Media Law Open Justice Privacy Sentencing Name Suppression Suppression Orders Discharge Without Conviction +3 more

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Parties

Stuff Ltd

Appellant

Laurel Hubbard

First Respondent

New Zealand Police

Second Respondent

Procedural Posture

Appeal From District Court / Hearing on Appeal and Judgment

Legal Issues

  1. 1 Whether publication would be likely to cause extreme hardship under s200 Criminal Procedure Act 2011
  2. 2 Whether suppression of the judge's reasons and parties' submissions is authorised by ss205 and 207 CPA
  3. 3 Whether the threshold for suppression was met absent supporting medical or independent evidence

Ratio Decidendi

The High Court held the District Court erred in finding the s200 CPA threshold of 'extreme hardship' met on the material before it and erred in suppressing the judge's decision and parties' oral and written submissions under ss205/207; suppression orders were quashed and open justice prevailed.

Court Disposition

Appeal allowed; District Court suppression orders quashed

Orders

  • Quashed District Court suppression of the defendant's name until 30 September 2019
  • Quashed District Court suppression of the District Court Judge's decision and of oral and written submissions by counsel and police