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Report No. 200

(E) New Zealand: Case law refers to 'arrest' or 'imminent' stage:

In New Zealand, in Television New Zealand Ltd v. S.G (1989) 1 NZLR 1, the Court of Appeal initially granted an injunction at the instance of the Solicitor General, to prevent a television news broadcast which included comments and opinions about the man-hunt for a named man but no charge had yet been laid for his arrest. The court later rescinded the order on the ground that the material sought to be published did not have prejudicial content. The court said:

"In our opinion, the law of New Zealand must recognize that in cases where the commencement of criminal proceeding is highly likely, the Court has inherent jurisdiction to prevent the risk of contempt of court by granting injunction."

We have already referred, in the previous Chapter, to a number of decisions of the New Zealand Courts where either 'arrest' or 'imminence' of criminal proceedings was treated as sufficient to grant protection against publications. (Attorney General v. Tonks: 1934 NZRL 141 (FC): Solicior General v. Willington Newspapers: NZRL 45; Attorney General v. Sports Newspapers 1992(1) NZRL 503.



Trial by Media free speech and fair trial under Criminal Procedure Code, 1973 Back




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