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

 

Louisa Wall v Fairfax - Judgment

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

BETWEEN LOUISA HARERUIA WALL

Appellant
AND FAIRFAX NEW ZEALAND LIMITED

First Respondent

MARLBOROUGH EXPRESS

Second Respondent

CHRISTCHURCH PRESS

Third Respondent

Hearing: 22 November 2017

JUDGMENT OF MUIR J, DR H HICKEY AND MR B K NEESON


Introduction

[1] The appellant, Ms Louisa Wall, appeals from a determination of the Human Rights Review Tribunal (the Tribunal) dismissing her complaint that two cartoons penned by Mr Al Nisbet and published by the first respondent (Fairfax) breached s 61 of the Human Rights Act 1993.

[2] She says that the Tribunal misinterpreted s 61 by wrongly concluding that it was intended to capture only “behaviour … at the serious end of the continuum of meaning” and that in so doing the Tribunal ignored relevant material relating to the origin, context and purpose of the provision. She says further that the Tribunal erred in applying an objective test with the result that the impact of the cartoons on those insulted by them is a relevant consideration in assessing their legality. In any event, she says the cartoons were so insulting in their treatment of Māori and Pasifika that the Court could comfortably conclude they were likely to excite hostility towards or bring into contempt people of that ethnicity.

[3] The case is the first to be considered by the High Court in relation to the section which is New Zealand’s legislative response to its treaty obligations under the International Convention on the Elimination of All Forms of Racial Discrimination 1965 (ICERD).



It raises important issues in terms of the interface between the right to freedom of expression, as recognised in s 14 of the New Zealand Bill of Rights Act 1990 (NZBORA), and the legislature’s legitimate interest in enhancement of racial harmony by the suppression of certain types of publications – popularly identified as “hate speech”, albeit that unlike several overseas equivalents, the legislation does not specifically identify exposure to “hatred” as the benchmark of illegality.

[4] We do not consider it appropriate to allow the appeal. Our reasons follow.

Full judgment - Wall v Fairfax NZ Ltd


© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

National Terrorism Threat Level Moves To Medium
Medium is defined as a terrorist attack is assessed as feasible and could well occur. The new level remains higher than it was before the 15 March terrorist attack when the threat level was low. More>>

SCOOP COVERAGE: CHRISTCHURCH MOSQUES TERROR ATTACK


Environment Aotearoa 2019: Report Warns Environment In Serious Trouble

The report is jointly produced by the Ministry for the Environment and Statistics New Zealand, and is a follow on from the last report in 2015.

The report says the way New Zealanders live and make a living is having a serious impact on the environment, and the benefits New Zealanders get from being in nature, though not measured or quantified, could be lost. More>>

 

Gordon Campbell: On Scrapping The Capital Gains Tax

As PM Jacinda Arden said yesterday, there was no point in Labour bringing a proposal into the House that it didn’t have the votes to get passed. Looking back, maybe she always felt this outcome to be inevitable... More>>

ALSO:

City Rail Link: Billion Dollar Cost Rise (And Preferred Bidder)

The revised cost envelope for completing the entire Auckland City Rail Link project now totals $4.419 billion. The revised cost has yet to be endorsed by the project’s sponsors (the Crown and Auckland Council). More>>

ALSO:

Meth Scare: Debt Write-Off For HNZ Meth Testing Evictions

People living in Housing New Zealand (HNZ) properties who were wrongly evicted because of flawed methamphetamine contamination policies will have their related debts with the Ministry of Social Development (MSD) written off. More>>

ALSO:

RNZ Report: Fears Grow For NZ Nurse Kidnapped In Syria

A New Zealand nurse working for the Red Cross was captured by Islamic State (IS) in Syria more than five years ago, and there are now public pleas for any information that could help bring her home. More>>

ALSO:

Streets Blocked In London: Climate 'Extinction Rebellion' Reaches Aotearoa

Across the world, thousands of people are taking part in a rebellion to avert climate, ecological and human catastrophe. This begins in Aotearoa New Zealand today. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels