30 Nov 2021
SEYMOUR v NEW ZEALAND POLICE [2021] NZCA 637
- Citation
- [2021] NZCA 637
- Court
- Court of Appeal
The Court held that taking a photograph can be an indecent act and that surrounding circumstances may be taken into account when the act is capable of being indecent; Rowe does not preclude consideration of context in s 132(3) cases. Applying that test, the photographs focusing on a sleeping 10‑year‑old's crotch and exposed abdomen, together with staging and timing, were objectively indecent, so the conviction was upheld.