Dew v Discovery NZ Ltd - [2024] 2 NZLR 153

Defamation — Pre-publication injunction — Defence of truth — Defence of responsible communication — Matter of public interest — Carefully exercised — Must be no reasonable possibility of defences succeeding — Factual conflict — Whether subject matter in the public interest — Position of alleged abuser — Insufficient facts to assess whether responsible communication.

Defamation — Identification — Allegations against unnamed nun — Not sufficient to impugn a group — Must identify individual — Details may identify one nun because of role — Whether reasonable possibility of defence of truth — Communication may not be responsible as imputation not put to nun for response.

Criminal practice and procedure — Name suppression — No criminal proceedings commenced — No power to restrict publication of alleged offenders’ names — Permission to publish complainants’ names not required — District Court order not intended to stop complainants going public — Order did not prevent proposed broadcast — Likelihood of prejudice to fair trial and right to seek suppression did not outweigh freedom of press — Criminal Procedure Act 2011 ss 203 and 205.

Privacy — Tort — Reasonable expectation of privacy — Did not apply when facts denied — Did not override complainant’s right to speak out — Did not apply to non-state investigation even if police investigation ongoing.