New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Anonymous complaint
  • 2 Sept 2020

    B & A v CORONERS COURT AT AUCKLAND [2020] NZHC 2278

    Citation
    [2020] NZHC 2278
    Court
    High Court

    Section 75 does not extend to review of a Coroner's refusal to make a prohibition order; such refusals are subject to judicial review. The Coroner erred in applying the 'interests of justice' threshold too narrowly by focusing solely on the published findings and not adequately accounting for the realistic risk of unfair and sensationalised media publication of untested allegations in an anonymous letter. Balancing open justice against the substantial risk of unjust reputational harm, the Court quashed the Coroner's refusal in relation to B and made permanent non-publication orders: B's name…