Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

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

 

Judgment: Internal Affairs v Wayne Robert Mansfield


IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY
CIV 2012-404-001899

[2013] NZHC 2064

UNDER the Unsolicited Electronic Messages Act 2007
BETWEEN CHIEF EXECUTIVE OF THE DEPARTMENT OF INTERNAL AFFAIRS

Plaintiff
AND WAYNE ROBERT MANSFIELD

Defendant


[RESERVED] JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie

on 14 August 2013 at 3.30 pm

Pursuant to r 11.5 of the High Court Rules


Introduction

[1] The plaintiff, the Chief Executive of the Department of Internal Affairs (the Department) seeks the imposition of a civil pecuniary penalty against the respondent, Mr Mansfield, under s 45 of the Unsolicited Electronic Messages Act 2007 (the Act).

[2] Mr Mansfield is an Australia citizen, ordinarily resident in Perth. He ran business seminars in New Zealand, initially through a company, Business Seminars NZ Limited, and later on his own account. The pecuniary penalty is sought in relation to what the Department says are unsolicited commercial electronic messages (colloquially known as “spam”) promoting the seminars, said to have been sent by Mr Mansfield to persons and organisations resident in New Zealand. It says that this breaches s 9(1) of the Act. The Department also says that Mr Mansfield has been served in Australia, and that he has taken no steps in the proceedings. The matter has proceeded by way of a formal proof hearing. The Department has filed affidavits in support of its assertions. It seeks a pecuniary penalty of $100,000, along with costs of $8,460 and disbursements of $1,806.54.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

[...]

Conclusion

[80] For the reasons outlined in this judgment, I impose a pecuniary penalty of $95,000. That penalty is payable to the Crown. I also award costs against Mr Mansfield of $8,460, and disbursements of $1,806.54. The costs and the disbursements are payable to the Department.

[Full judgment: Dept_of_Internal_Affairs_v_Mansfield_jud_20130814.pdf]


[81] Finally, I acknowledge the comprehensive and helpful submissions made by Mr Hamlin on behalf of the Department. I am grateful to him for his thorough approach to this matter.

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines


Gordon Campbell: On The US Opposition To Mortgage Interest Deductibility For Landlords


Should landlords be able to deduct the interest on the loans they take out to bankroll their property speculation? The US Senate Budget Committee and Bloomberg News don't think this is a good idea, for reasons set out below. Regardless, our coalition government has been burning through a ton of political capital by giving landlords a huge $2.9 billion tax break via interest deductibility, while still preaching the need for austerity to the disabled, and to everyone else...
More


 
 

Government: Concerns Conveyed To China Over Cyber Activity
Foreign Minister Winston Peters has confirmed New Zealand’s concerns about cyber activity have been conveyed directly to the Chinese Government. “The Prime Minister and Minister Collins have expressed concerns today about malicious cyber activity... More

ALSO:


Government: GDP Decline Reinforces Government’s Fiscal Plan

Declining GDP for the December quarter reinforces the importance of restoring fiscal discipline to public spending and driving more economic growth, Finance Minister Nicola Willis says... More

ALSO:


Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.