New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Publication offences

Legal area

Court

26 Mar 2021

HADEN v NEW ZEALAND POLICE [2021] NZCA 94

Citation

[2021] NZCA 94
Court

Court of Appeal

The November 2016 written reasons did not themselves make a clear s240 order; although an oral s240 order was properly inferred to have been made on 8 November 2016, the prosecution at the District Court trial relied on the written decision and did not present evidence of the oral order or its terms, so an essential element of the s263 offence (existence and terms of a s240 order proved beyond reasonable doubt) was not established; accordingly convictions could not stand and were quashed.
14 Jun 2019

SIEMER v POLICE [2019] NZHC 1346

Citation

[2019] NZHC 1346
Court

High Court

The Tribunal's published decision, read as a whole, sufficiently evidenced a valid and binding non-publication order under s240; that order was binding on the appellant and the public; the appellant had actual knowledge of the order when he published the practitioner's name and photograph; the NZBORA challenge constituted a collateral attack on the Tribunal's decision and failed on the merits; consequently the conviction under s263 is upheld.