Privacy Law NZ

What are the two privacy torts in NZ?

(1) Tort of invasion of privacy by publication (Hosking v Runting).

(2) Tort of intrusion into seclusion (C v Holland).

What did Hosking v Runting establish?

Existence of a tort of privacy in NZ (by present or future publication).

What harm does the privacy tort protect against?

Humiliation and distress (not economic loss).

What is the public interest defence?

Disclosure justified if there is legitimate public concern. Must be consistent with NZBORA free expression

Remedies under Hosking tort?

Damages + injunctions.

Why is Brown v AG important?

Showed publication of offender’s name/address/photo could be highly offensive

What was the public interest point in Brown?

Public could be warned without identifying him; rehabilitation outweighed naming/shaming.

Can privacy exist in public places? Andrews v TVNZ (2006)

Yes — accident victims found to have a reasonable expectation of privacy due to vulnerability.

Private facts are (Andrews v TVNZ (2006)

unknown to world at large, even if some people know.

What principle came from Henderson v Walker (2019)?

Disclosure of private info to a 3rd party without authorisation can breach privacy.

Peters v AG (2021) new defence suggested called

“Legitimate interest” defence (like qualified privilege in defamation)

What case recognised intrusion into seclusion in NZ?

C v Holland [2012] NZHC 2155.

How does NZ privacy tort differ from UK?

NZ has less paparazzi culture so less opportunity to address this tort

What is the key balancing factor in every case?

Privacy rights vs freedom of expression (NZBORA).

Driver v Radio New Zealand 2019

just because publication happened elsewhere does not justify publishing in New Zealand

Peters v A-G 2021

publication can be to a small class

A v Fairfax (2011)

classified young people / children as a class of vunrable people

Reid v Price [2020] UKHL

reaffirmed serious privacy intruision (revenge p**n) as compensatable