New Zealand Police v B - [2017] 3 NZLR 203

Harmful digital communications — Photographs of separated wife posted online without party’s knowledge or consent — Criminal charge of causing harm by digital communication laid — Whether intention to cause other person harm — Whether communication would cause harm to ordinary reasonable person in wife’s position — Whether evidence established serious emotional distress had been caused — “Harm” — “Serious emotional distress” — Harmful Digital Communications Act 2015, ss 4 and 22.

Criminal practice and procedure — Interpretation of evidence — Standard of proof — Photographs of separated wife posted online without party’s knowledge or consent — Criminal charge of causing harm by digital communication laid — Whether intention to cause wife harm — Whether communication would cause harm to ordinary reasonable person in wife’s position — Whether evidence established serious emotional distress had been caused — “Harm” — “Serious emotional distress” — Harmful Digital Communications Act 2015, ss 4 and 22.

Statutes — Interpretation — Whether statutory definition of “harm” had plain meaning — Whether interpretation assisted by reference to dictionary, thesaurus or similar provisions in other jurisdictions — Whether Court reformulated statutory inquiry — “Harm” — “Serious emotional distress” — Harmful Digital Communications Act 2015, ss 4 and 22.