Case Law, New Zealand: CPA Australia Limited v The New Zealand Institute of Chartered Accountants, Trial by accountant – Ali Romanos

4 09 2015

angry-cpaThe Wellington High Court trial between New Zealand’s two professional accounting bodies has ended in victory – albeit somewhat pyrrhic – for the defendant.  In a 61 page judgment in CPA Australia v NZICA [2015] NZHC 1854 Dobson J held that, whilst NZICA representatives had made some indefensible disparaging remarks, CPAA’s inability to establish pecuniary loss meant its claims could not be made out. Read the rest of this entry »

Is New Zealand the Libel World’s most plaintiff friendly jurisdiction? – Ali Romanos

25 08 2015

FlagNew Zealand defamation law strikingly favours plaintiffs.  Sure, the Thai monarchy could be said to enjoy a certain degree of power, in view of the 25-year prison sentence imposed earlier this year on a businessman for some Facebook musings.  But compared at least to their more temperate Common Law brothers and sisters, plaintiffs in New Zealand enjoy considerable advantages.  Read the rest of this entry »

New Zealand Passes Harmful Digital Communications Act – Tim Sissons

27 07 2015

KeyboardThe New Zealand Harmful Digital Communications Act received Royal Assent on 2 July 2015. The offence of causing harm by posting digital communication, the safe harbour provisions, and the amendments to other legislation (including the Privacy Act) came into force immediately. Read the rest of this entry »

Privacy Issues in New Zealand: Sex with the Office Lights on – Nicole Moreham

13 02 2015

office-romp-1200Everyone in New Zealand was talking about the law of privacy last week.  This was not because of an important new Supreme Court decision or an interesting legislative proposal.  It was because the previous Friday night, two colleagues in a Christchurch insurance firm had late-evening sex in their office, with the lights on, in full view of a pub full of people across the road. Read the rest of this entry »

New Zealand: The Blogger and the Journalist, “Whale Oil” in the Courts – Steven Price

2 11 2014

newlogoThe Whale certainly created a splash in the last New Zealand election. More accurately, it was investigative journalist Nicky Hager and his book Dirty Politics that created the splash. The Whale – controversial right-wing blogger Cameron Slater and his Whale Oil blog, whose emails were leaked to Mr Hager – copped most of the spray. (I should disclose that I act for Nicky Hager). Read the rest of this entry »

Case Law, New Zealand: Murray v Wishart, Web hosts’ defamation liability restricted – Steven Price

22 09 2014

FacebookIn the significant New Zealand Court of Appeal decision in Murray v Wishart ([2014] NZCA 461) the judges unanimously ruled that a third party publisher (the owner of a Facebook page that contained comments by others) was not liable for other people’s comments simply because he “ought to have known” that they contain defamatory material (even if he didn’t actually know of the content of the comments). Read the rest of this entry »

New Zealand Law Commission: Review of Contempt of Court

28 05 2014

NZ Contempt CoverThe New Zealand Law Commission has published an issues paper Contempt in Modern New Zealand (IP 36, 2014).  It is seeking feedback on a package of reforms which propose far-reaching changes to the law of contempt in New Zealand. Read the rest of this entry »


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