New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Objectionable publication

Legal area

Court

22 Jul 2020

NOBLE v NEW ZEALAND POLICE [2020] NZHC 1781

Citation

[2020] NZHC 1781
Court

High Court

The sentencing judge erred by imposing a sentence inconsistent with the sentencing indication without any new information to justify departure; the appeal is allowed, the District Court sentence is set aside and the sentencing indication is implemented by substituting a sentence of one year, ten months and two weeks' imprisonment (cumulative breakdown provided).
16 Dec 2009

SPARK V R SC 77/2009

Citation

SC 77/2009
Court

Supreme Court

The statutory definition of "publication" in the Films, Videos, and Publications Classification Act 1993, on its ordinary meaning, covers material recorded or capable of being shown (including private computer files) without any requirement of communication or accessibility by others, and the password disclosure was not obtained by oppression; therefore the proposed reading down under s6 NZBORA was not reasonably arguable and leave to appeal was dismissed.