R v Barber

The appellant, Ian John Barber, appealed against the ruling of Judge Field that the evidence of Mr Peacock, an Inspector of Publications employed by the Department of Internal Affairs, was admissible on an application under the Crimes Act 1961 s 344A relating to images found on Mr Barber’s computer. Mr Peacock concluded that the images found on Mr Barber's computer were objectionable electronic publications under the Films, Videos, and Publications Classification Act 1993. The main legal issue before the Court was whether Mr Peacock’s evidence was admissible at trial. The Court found that the evidence was relevant and probative, and that there was no basis to interfere with Judge Field's ruling. The Court held that the appellant's computer was seized under a search warrant, the validity of which was not in contest, and that the hard drives of the computer were cloned. Mr Peacock, an expert, gained access to images on the cloned hard drives, and concluded that the images were objectionable electronic publications under the Films, Videos, and Publications Classification Act. The Court found that the fact that the objectionable material was imported into New Zealand by the appellant installing the News Rover program on his computer and operating it in the way described by Mr Peacock so the images were stored on his hard drive, was not any different from the importing and holding of any other objectionable images imported into this country and held in any other form.

The Court dismissed the appeal against the ruling, and leave to appeal was granted but the appeal was dismissed. The order not to be published in news media or on internet or other publicly accessible database until final disposition of trial was in place, but publication in law report or law digest was permitted.