New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Publication requirement
  • 24 Aug 2012

    C V HOLLAND HC CHCH CIV 2011-409-002118

    Citation
    openlaw-21926b7d_7d17_4774_a8a1_d896289c7dee.pdf
    Court
    High Court

    The Court recognises a civil tort of intrusion upon seclusion in New Zealand law. To succeed a plaintiff must prove an intentional and unauthorised intrusion into seclusion (intimate personal activity, space or affairs), infringement of a reasonable expectation of privacy and that the intrusion is highly offensive to a reasonable person. Applying those elements, the defendant unlawfully videoed the plaintiff showering and is liable; damages are to be assessed and identifying particulars of the plaintiff are suppressed.