Suppression orders
« Previous Entries Next Entries »Just wondering…
Thursday, September 4th, 2008Did Judge Perkins consider the NZ Bill of Rights Act before issuing a blanket suppression order in the Arms Act charges relating to the police raids last year? These sorts of discretions must be exercised consistently with the BORA – so the restrictions should be demonstrably justified in terms of the tests laid down by the […]
How to shut down speech on the internet. Maybe.
Thursday, September 4th, 2008Sebastian Hoegl, a masters student from Germany in my media law seminar, made a startling suggestion this week. Since we all access the internet via an ISP (we put in a web address, the ISP hives off, collects the data, and sends it to our computers), then the ISPs are publishing that material to us. […]
Where’s the media?
Wednesday, September 3rd, 2008According to this report, Judge Harvey seems bemused that the media haven’t turned up to make submissions about his order allowing only non-online reporting of details about the Hapata case. “Not even an RSVP?” he’s reported to have asked.
Harvey’s online gag
Tuesday, August 26th, 2008Sounds like a prank website, doesn’t it? Of course, I mean Judge Harvey’s recent order that non-internet media can report on the proceedings against the accused killers of John Hapeta. Still, some people have been wondering: is this a joke? Isn’t trying to put a lid on the internet rather like trying to bottle a […]
Access Denied
Saturday, June 28th, 2008Judge Patrick Treston has refused to allow the media access to video evidence in the assault case against police officers at Whakatane. He reportedly said the media coverage would probably be unfair and would “prejudice” the officers, who had been acquitted. Perhaps he was referring to ongoing employment issues and an Independent Police Conduct Authority investigation. […]
Suppression unsuppressed
Saturday, June 21st, 2008Just how much suppressing are the courts doing? In the past it’s been hard to tell, because statistics have been pretty patchy. But in an admirably prompt response to my request for some statistical information, the Ministry of Justice compiled some data for me from their records. Name suppression is the perennial hot issue. Is […]
Judicial smack-down on cameras in courts
Thursday, May 8th, 2008Memo from Justice Fogarty to almost every other judge in the country: You are breaking the law. You are riding roughshod over the presumption of innocence. You are punishing defendants before they have been convicted. You are shirking your duty to ensure that witnesses are not inhibited by cameras in court. You are not doing […]
Highlights from Press Council forum
Sunday, March 16th, 2008Top 10 most interesting points from Thursday’s public forum, “The Press and the Right to Know Under Siege”, where the speakers were Law Commissioner John Burrows QC and the chairs of the Australian and NZ Press Councils, Professor Ken McKinnon and Barry Paterson QC: Barry Paterson, a retired High Court judge, “hated TV in the […]
Your news leader
Friday, February 29th, 2008I’ve just come back from the injunction hearing. The application has been adjourned for 7 days to allow the defendants to look at the documentation (which they’ve only just received) and work out what position to adopt. This is pretty standard. The injunctions are continued in the meantime. There are two sets of proceedings: one […]
Illegal exclusion of media?
Friday, February 29th, 2008Yesterday, Justice Panckhurst closed the court to the media in a preliminary hearing on the Bain case. He is reported as saying that discussions were sensitive and could have implications for a fair trial. But these are not grounds for excluding the media. Check out section 138 of the Criminal Justice Act: 138 Power to […]
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