TV3 Network Services Ltd v R - [1993] 3 NZLR 421

Criminal practice and procedure — Sexual offences — Publication of particulars in specified cases — Multiple victims — Some victims consenting to publication and others not consenting — Whether publication would enable identification of non-consenting victims — Consideration of interests of non-consenting victims — Whether Court should consider statutory policy of s 139(2) of Criminal Justice Act (incest) in application for permission to publish under s 139(1) (crimes of sexual violence) — Criminal Justice Act 1985, s 139(1) and (2).

Constitutional law — New Zealand Bill of Rights Act 1990 — Whether freedom of expression should be subordinated to public policy in particular statutes — New Zealand Bill of Rights Act 1990, ss 4 and 14 — Criminal Justice Act 1985, s 139(1) and (2).

Practice and procedure — Justification — Appeal against judgment declining permission to publish possibly identifying particulars in sexual offences case — Observations as to whether Court of Appeal had jurisdiction to entertain such appeals — Judicature Act 1908, s 66.