New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Privacy intrusion

Legal area

Court

11 Dec 2014

SIEMER & ORS v BROWN & ORS [2014] NZHC 3175

Citation

[2014] NZHC 3175
Court

High Court

The warrant application provided sufficient particularised grounds and justified a search; the issued warrant (Exhibit C) was valid and dated notwithstanding defects in the occupier copy which resulted from a template/clerical error; the warrant was not a general warrant; no bad faith was shown; the execution of the warrant was reasonable overall and within scope so tort claims and NZBoRA ss 21-23 claims fail; statutory and Crown immunities would apply where relevant; all plaintiffs' claims dismissed.
22 Aug 2007

CANWEST TVWORKS LTD V XY HC AK CIV 2006-485-002633

Citation

openlaw-c4193471_001b_4c0c_8389_377f4df84c86.pdf
Court

High Court

The Court held that the use of concealed cameras in XY's bedroom and in a private apartment intentionally intruded upon XY's reasonable expectation of seclusion, the intrusions were offensive to the ordinary person, and the public interest did not outweigh the privacy breach because the footage did not show illegal, dangerous or sufficiently serious conduct; accordingly the BSA's finding of breach and orders were upheld and Principle (iii) is intra vires and compatible with NZBORA when properly applied.