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

 

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).

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.

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

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.