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Archive for June, 2009

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An alternative to defamation?

Tuesday, June 9th, 2009

If defamation laws are broken, can we fix them? I’ve been thinking about what we could do instead. It seems to me that the biggest problem is process (defamation cases are notoriously expensive, technical, slow, and stressful). I thought I’d toss an alternative process around for discussion. How about a different way of protecting people’s […]

Reading the tealeaves

Tuesday, June 9th, 2009

I’ve just been watching argument in the Supreme Court in the Simunovich defamation case. For those interested in the fairly arcane (but nevertheless quite significant) issues at stake, my sense is that the media don’t have the upper hand. The Supreme Court judges do not seem attracted to the idea that the media should be […]

Karla Cardno’s dad suppression case: not much of an issue

Tuesday, June 9th, 2009

You might have caught me on TV3 last night explaining that it was worth a shot for Karla Cardno’s dad and his new wife to seek name suppression for their sex charges on the grounds that they’re going to get extra publicity given the notoriety of those past (but unconnected) events. If you’re het up […]


Sunday, June 7th, 2009

Did this Saturday’s NZ Herald, in publishing the information suppressed in the Bain trial, overlook the fact that the Supreme Court had recalled its judgment last month to make it clear that the publication restriction continued until further order of the court? The story doesn’t seem to be on the Herald’s website any more. The recall was […]

New High Court search rules

Thursday, June 4th, 2009

There are new rules about access to court documents (including exhibits), both criminal and civil. They are more detailed and to some extent more liberal than the old ones. They open up a range of documents  subject to the overriding power of a judge to seal them. Some documents, however, can only be searched with the leave […]

The case against defamation

Thursday, June 4th, 2009

Nicky Hager explains how he thinks hardball Aussie political consultant Lynton Crosby (of Crosby Textor fame) used defamation laws try to bully him for criticisms he made during a radio interview. You’ll remember that Nicky’s book The Hollow Men contained some pretty ugly revelations about the advice Crosby Textor gave to the National Party at the […]

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