lOMoARcPSD|13097948
Advanced Reasoning and Argument
Legal System: Legal Method and Institutions (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
Advanced Reasoning and
Argument
29 t h September 2022
Hosking v Runting
- Mike Hosking’s children were photographed in the pram on the street
- Mike Hosking was getting divorced, him and his wife had been public with their information
in the past, but were seeking privacy for their children
What did they want: They wanted pictures of the children not to be published.
Runting wanted the photographs published and claimed freedom of expression.
NB- this is before the Senior Courts Act 2004 – Court of Appeal was the highest Court under the Privy
Council.
What is an intervener? – Parties with a real interest in the outcome of the case. Can apply to be part
of the case. Doesn’t happen very often, usually when there is the ability to change the law.
Interlude: Torts
What is a tort?
- A tort is a civil wrong independent of contract. – Spiller’s Law Dictionary
- When someone damages someone else, they need to make up for the damages.
- Depending on the type of wrong – different Tort for it, which have different requirements.
- Negligence, Nuisance, Defamation, Trespass – have proliferated over time
- Sometimes new torts are being invented and one of these for New Zealand is privacy.
Development of the Tort of Privacy
- Traditionally no tort of privacy
- Development in UK see [23-76] (close legal system to New Zealand)
o Tort of breach of confidence – decided to use it to apply to invasion of privacy issues.
Elements:
Information of confidential nature,
Which has been communicated in confidence,
And has been disclosed to detriment of the claimant.
o Apply to Hosking v Runting – did not communicate it. A photograph is not
confidential, they were in a public place.
- Previous NZ cases recognised tort of privacy (see [77-86]) – all High Court decisions.
o Tucker v New Media Ownership
o Bradley v Wingnut Films – Peter Jackson film company pre LoTR, gravestone visible,
claimed privacy invaded by the gravestone being visible in the film.
o PvD
International Law
- International Covenant on Civil and Political Rights (ICCPR)
- This was incorporated into New Zealand law through the Bill of Rights Act 1990
Downloaded by Emma Grant ()
Advanced Reasoning and Argument
Legal System: Legal Method and Institutions (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
Advanced Reasoning and
Argument
29 t h September 2022
Hosking v Runting
- Mike Hosking’s children were photographed in the pram on the street
- Mike Hosking was getting divorced, him and his wife had been public with their information
in the past, but were seeking privacy for their children
What did they want: They wanted pictures of the children not to be published.
Runting wanted the photographs published and claimed freedom of expression.
NB- this is before the Senior Courts Act 2004 – Court of Appeal was the highest Court under the Privy
Council.
What is an intervener? – Parties with a real interest in the outcome of the case. Can apply to be part
of the case. Doesn’t happen very often, usually when there is the ability to change the law.
Interlude: Torts
What is a tort?
- A tort is a civil wrong independent of contract. – Spiller’s Law Dictionary
- When someone damages someone else, they need to make up for the damages.
- Depending on the type of wrong – different Tort for it, which have different requirements.
- Negligence, Nuisance, Defamation, Trespass – have proliferated over time
- Sometimes new torts are being invented and one of these for New Zealand is privacy.
Development of the Tort of Privacy
- Traditionally no tort of privacy
- Development in UK see [23-76] (close legal system to New Zealand)
o Tort of breach of confidence – decided to use it to apply to invasion of privacy issues.
Elements:
Information of confidential nature,
Which has been communicated in confidence,
And has been disclosed to detriment of the claimant.
o Apply to Hosking v Runting – did not communicate it. A photograph is not
confidential, they were in a public place.
- Previous NZ cases recognised tort of privacy (see [77-86]) – all High Court decisions.
o Tucker v New Media Ownership
o Bradley v Wingnut Films – Peter Jackson film company pre LoTR, gravestone visible,
claimed privacy invaded by the gravestone being visible in the film.
o PvD
International Law
- International Covenant on Civil and Political Rights (ICCPR)
- This was incorporated into New Zealand law through the Bill of Rights Act 1990
Downloaded by Emma Grant ()
