Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


TVNZ Wins Right To Broadcast Confession

Supreme Court of New Zealand 16 November 2007


Rogers V Television New Zealand Limited (Sc 68/2006) [2007] Nzsc 91 Press Summary

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at www.courtsofnz.govt.nz.

The Supreme Court has upheld a decision of the Court of Appeal which allows Television New Zealand to broadcast a police videotape containing admissions by an accused person who was found not guilty on a charge of murder. The videotape was not part of the evidence at the trial. It had been excluded because of police breaches of the Bill of Rights.

The appellant, Mr Rogers, was tried by a jury in 2005 for the murder of a woman in 1994. Another man had previously been charged with the murder and convicted in 1995. His conviction was set aside by the Court of Appeal in 2004.

Following further inquiries, Mr Rogers was interviewed at the scene by the police and charged with the murder. Prior to the trial, the Court of Appeal decided that this interview had taken place in breach of Mr Rogers’ rights under the Bill of Rights Act and that the police videotape of the interview was not to be shown to the jury at his trial. The trial proceeded and Mr Rogers was found not guilty.

Television New Zealand had been given a copy of the videotape by the police prior to the trial, and intended, following its conclusion, to show excerpts in a programme about the homicide and the two trials. It was restrained by the High Court on the ground that this would infringe Mr Rogers’ privacy rights as an acquitted person. The Court of Appeal decided that his rights were not affected, and set aside the High Court’s orders. That outcome has now been upheld by a majority of the Supreme Court in a split 3:2 decision.

A majority of three Judges (Justices Blanchard, Tipping and McGrath), in separate judgments, decided that in the particular circumstances Mr Rogers’ privacy interests were outweighed by the interests of open justice. Those interests favoured permitting the broadcast of the videotape.

The Judges in the minority (Chief Justice Elias and Justice Anderson) would have sent the case back to the High Court for further consideration and restrained any broadcast of the videotape pending the High Court’s decision. Judges were critical of the police actions in releasing a videotape of an interview with a suspect to a media organisation.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods (is the dollar up or down?) the outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country... More>>




Submissions Summary: The People's Commission On Public Media

This Summary is a preliminary report from the People’s Commission. It brings together views and aspirations of the hundreds of people who made submissions, attended public meetings, filled out the online survey and made speeches to our Panel. More>>

Housing Plans: Protest Over Ihumatao Development

Ihumatao in Mangere, next to the airport in Auckland, holds the archaeological remains of 1000 years of food production; from when Maori first landed in the area, through to early European settler agriculture and right up until today. More>>


Negotiations: What Does Winston Peters Want His Legacy To Be?

A lot of people in New Zealand seem to resent Winston Peters and the power that he appears to have. “Appears” being the operative word.. More>>


Contains Highly Colloquial Language: Your F**king Guide To Government Formation

The following message is in no way endorsed by the Electoral Commission. They are f**king done with this election. More>>

NZ Emissions Up 50% 1990-2013: Report Confirms CLimate Change Impacting NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate. More>>


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>


Rorschach Restructuring: Inland Revenue Steps Back From Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>





Featured InfoPages

Opening the Election