Steven Price

My book

Media Minefield


Guide to NZ Media Law

Official Information Act

Official Information Act


Bill of Rights Act

Media law resources

Feeds (RSS)


« | Main | »

Lawsuit for intrusion allowed in NZ

By Steven | August 26, 2012

At a time when the British tabloids are wringing their hands over whether to publish naked photos of Prince Harry, the High Court in NZ has ruled that the mere taking of such photos, whether or not they are published, is an actionable breach of privacy.

The case involved a woman who was filmed naked in the bathroom by a man who co-owned her boyfriend’s house, who had installed a hidden camera in a roof cavity.

The boyfriend found the footage and the man pleaded guilty to making an intimate visual recording. (He was ordered to pay $1000 in reparation and given no further penalty, which seems on the face of it a bit light, though I haven’t seen the sentencing decision).

The woman decided to sue in tort. The court was immediately faced with the issue of whether the tort of invasion of privacy can extend to situations where there has been intrusive behaviour, but no publication of private facts. The leading case, Hosking v Runting, left this question open. The High Court has now answered it: yes.

In a thoughtful and thorough decision that echoes the reasoning process followed in Hosking, Whata J has recognised intrusion as a form of privacy violation, if the following elements can be proved:(a) An intentional and unauthorised intrusion(b) into seclusion (namely intimate personal activity, space or affairs)(c) involving infringement of a reasonable expectation of privacy(d) that is highly offensive to a reasonable person.

There is a defence of legitimate public concern.

In doing so, the judge has mirrored this strand of the tort as it exists in the US, also recently recognised in Canada, and for many years now applied by our Broadcasting Standards Authority. I advocated this development here.

The case is  C v Holland [2012] HC 2155 CIV 2011-409-002118 HC Christchurch, 24 August 2012

Topics: Privacy tort | 37 Comments »

37 Responses to “Lawsuit for intrusion allowed in NZ”

  1. BeShakey Says:
    August 27th, 2012 at 7:51 pm

    I haven’t paid much attention to the Prince Harry bit so maybe I missed something, but from what I’ve seen it isn’t clear the intrustion was unauthorised, its arguable if it was a personal space, if there was a reasonabel expectation of privacy (in that he seemed to be aware there were others there who took pictures, or that it would be highly offensive to a reasonable person.

  2. Steven Says:
    August 30th, 2012 at 12:02 pm

    Fair enough: it may be more arguable than I’m suggesting. But I think that behaviour will probably be found to be intrusive and unauthorised and offensive if it involves secretly taking photos in a private setting like this, even if the presence of the photo-taker was known and approved. But if the Prince knew photos were being taken, and hadn’t laid down any conditions, then I accept that the tort is probably not made out.

  3. orospu siteleri Says:
    May 29th, 2020 at 4:19 pm

    … [Trackback]

    […] Information to that Topic: medialawjournal.co.nz/?p=565 […]

  4. british dragon dbol reviews Says:
    June 16th, 2020 at 3:17 am

    … [Trackback]

    […] Find More here to that Topic: medialawjournal.co.nz/?p=565 […]

  5. chatte Says:
    June 17th, 2020 at 6:25 am

    … [Trackback]

    […] Find More here to that Topic: medialawjournal.co.nz/?p=565 […]

  6. Best Small Drone With Camera Says:
    July 11th, 2020 at 8:19 pm

    … [Trackback]

    […] Here you can find 32468 more Information on that Topic: medialawjournal.co.nz/?p=565 […]

  7. Ielts reading practice test Says:
    August 1st, 2020 at 6:29 pm

    … [Trackback]

    […] Info on that Topic: medialawjournal.co.nz/?p=565 […]

  8. ปล่อยเงิน สุรินทร์ Says:
    August 8th, 2020 at 12:32 am

    … [Trackback]

    […] There you will find 37562 more Info on that Topic: medialawjournal.co.nz/?p=565 […]

  9. fish Tank Heater yourfishguide.com Says:
    August 24th, 2020 at 7:57 am

    … [Trackback]

    […] Info on that Topic: medialawjournal.co.nz/?p=565 […]

  10. Buy retro sweets Says:
    September 4th, 2020 at 5:20 pm

    … [Trackback]

    […] Find More Information here to that Topic: medialawjournal.co.nz/?p=565 […]

  11. danh de online Says:
    September 7th, 2020 at 2:35 pm

    … [Trackback]

    […] There you can find 46352 additional Info on that Topic: medialawjournal.co.nz/?p=565 […]

  12. satta king Says:
    September 10th, 2020 at 12:26 pm

    … [Trackback]

    […] Read More on that Topic: medialawjournal.co.nz/?p=565 […]

  13. pinewswire Says:
    September 20th, 2020 at 6:14 pm

    … [Trackback]

    […] Information to that Topic: medialawjournal.co.nz/?p=565 […]

  14. Dumps With Pin Shop Says:
    September 28th, 2020 at 5:54 am

    … [Trackback]

    […] Find More Information here on that Topic: medialawjournal.co.nz/?p=565 […]

  15. window cleaning austin tx Says:
    October 3rd, 2020 at 5:29 pm

    … [Trackback]

    […] Find More Information here on that Topic: medialawjournal.co.nz/?p=565 […]

  16. Social Media Marketing Says:
    October 11th, 2020 at 4:35 am

    … [Trackback]

    […] Find More on on that Topic: medialawjournal.co.nz/?p=565 […]

  17. porn movie Says:
    October 19th, 2020 at 9:29 am

    … [Trackback]

    […] Information to that Topic: medialawjournal.co.nz/?p=565 […]

  18. DevOps Consulting Says:
    November 3rd, 2020 at 10:01 am

    … [Trackback]

    […] Read More to that Topic: medialawjournal.co.nz/?p=565 […]

  19. nằm mơ thấy mẹ bị bệnh Says:
    November 6th, 2020 at 1:38 pm

    … [Trackback]

    […] Here you can find 32828 additional Info on that Topic: medialawjournal.co.nz/?p=565 […]

  20. cung song ngu nam Says:
    November 12th, 2020 at 1:25 pm

    … [Trackback]

    […] Find More on to that Topic: medialawjournal.co.nz/?p=565 […]

  21. 토토사이트 Says:
    December 10th, 2020 at 6:45 pm

    … [Trackback]

    […] Find More here on that Topic: medialawjournal.co.nz/?p=565 […]

  22. weed for sale online Says:
    December 22nd, 2020 at 9:40 pm

    … [Trackback]

    […] There you can find 51532 additional Information on that Topic: medialawjournal.co.nz/?p=565 […]

  23. mơ thấy bố mẹ đánh con gì Says:
    January 7th, 2021 at 3:22 pm

    … [Trackback]

    […] Here you will find 91242 additional Info on that Topic: medialawjournal.co.nz/?p=565 […]

  24. mơ thấy ong đốt Says:
    January 7th, 2021 at 3:55 pm

    … [Trackback]

    […] Find More to that Topic: medialawjournal.co.nz/?p=565 […]

  25. a cup love dolls Says:
    March 17th, 2021 at 10:54 pm

    … [Trackback]

    […] Info to that Topic: medialawjournal.co.nz/?p=565 […]

  26. 뉴토끼 Says:
    May 16th, 2021 at 7:50 am

    … [Trackback]

    […] Read More here on that Topic: medialawjournal.co.nz/?p=565 […]

  27. RPA in Banking Says:
    May 27th, 2021 at 8:33 am

    … [Trackback]

    […] Read More here on that Topic: medialawjournal.co.nz/?p=565 […]

  28. Speed Paste Says:
    June 15th, 2021 at 2:51 am

    … [Trackback]

    […] Here you will find 4254 more Information to that Topic: medialawjournal.co.nz/?p=565 […]

  29. eBay music coupon Says:
    June 16th, 2021 at 9:04 pm

    … [Trackback]

    […] Read More Information here on that Topic: medialawjournal.co.nz/?p=565 […]

  30. exchange online plan 3 Says:
    June 27th, 2021 at 11:20 am

    … [Trackback]

    […] Read More to that Topic: medialawjournal.co.nz/?p=565 […]

  31. carpet cleaning companies in royston Says:
    July 5th, 2021 at 7:26 am

    … [Trackback]

    […] Find More on on that Topic: medialawjournal.co.nz/?p=565 […]

  32. Windshield marketing ideas Says:
    July 25th, 2021 at 12:13 am

    … [Trackback]

    […] Here you can find 36733 additional Information to that Topic: medialawjournal.co.nz/?p=565 […]

  33. chevy beretta Says:
    August 6th, 2021 at 12:44 pm

    … [Trackback]

    […] Find More on on that Topic: medialawjournal.co.nz/?p=565 […]

  34. sig sauer p220 Says:
    September 1st, 2021 at 11:53 pm

    … [Trackback]

    […] Information on that Topic: medialawjournal.co.nz/?p=565 […]

  35. เลาะสารเหลว Says:
    October 27th, 2021 at 12:00 pm

    … [Trackback]

    […] Information to that Topic: medialawjournal.co.nz/?p=565 […]

  36. Dark0de Says:
    October 31st, 2021 at 4:18 am

    … [Trackback]

    […] Find More Information here on that Topic: medialawjournal.co.nz/?p=565 […]

  37. travel tips Says:
    November 26th, 2021 at 1:20 am

    … [Trackback]

    […] Information on that Topic: medialawjournal.co.nz/?p=565 […]

Comments

You must be logged in to post a comment.