New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Responsible communication defence
  • 14 Dec 2022

    CHRISTIAN v BAIN [2022] NZHC 3408

    Citation
    [2022] NZHC 3408
    Court
    High Court

    Smart's application failed because it did not satisfy r 11(2)(b): the purpose for access was vague and not sufficiently particularised; balancing the applicable factors under rr 11–13 showed that protection of confidential journalistic sources, privacy and the orderly and fair administration of justice outweighed Smart's interest; consequently access was granted only to formal court records (judgments, minutes and decisions) except those relating to non-publication orders, and the remainder of Smart's requests were refused.