R v Cullen

[2023] NZHC 1225

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2016-029-652

[2023] NZHC 1225

THE KING

v

STEVIE CULLEN SELAIMA FAKAOSILEA ULAKAI FAKAOSILEA JEREMIAH IUSITINI

Hearing:	On the papers
Date of judgment:	24 May 2023

JUDGMENT OF JAGOSE J

[Third party use of in-court media coverage photographs]

This judgment was delivered by me on 24 May 2023 at 3.00pm.

………………………… Registrar/Deputy Registrar

Counsel/Solicitors:

Tiffany Cooper KC, Auckland

Annabel Maxwell-Scott, Barrister, Auckland David Niven, Barrister, Auckland

Marsden Woods Inskip Smith, Whangārei

Copy to:
Upstart Press Limited, Auckland

R v CULLEN [2023] NZHC 1225 [24 May 2023]

[1]                 As duty judge, I have Upstart Press Limited’s request for the Court’s permission to use photographs, taken in the course of Newshub’s and Stuff’s in-court media coverage of this trial now concluded, for publication in a book.

[2]                 Although Upstart itself has made application for in-court media coverage for that purpose, the issue is if the conditions on which the photographs were taken may accommodate Upstart’s request. The conditions included:1

While the trial continues, photographs taken must not be used other than in the print media or website nominated in the application form. They cannot be made available to third parties without the Court’s permission.

Once the trial is over photographs may not be used, except by the applicant who received permission to photograph. Any other use can only be with the Court’s permission.

[3]                 The Court’s permission may be thought obtainable on the same basis as in-court media coverage is permitted: that use and publication of photographs of courtroom proceedings “must provide or assist in providing an accurate, fair and balanced report of the hearing, and must not be used or published out of context”.2

[4]                 Upstart says it is publishing “Far North”, a non-fiction book on the events giving rise to the trial and convictions in this proceeding. I have no reason to think publication of the photographs as sought would do otherwise than provide an accurate, fair and balanced report of the hearing in context. Upstart acknowledges it will require a licence from the copyright owners to use the photographs. The defendants have been notified of Upstart’s request but have no response. I apprehend there are no specified victims of the drug importation offending.

[5]                 I therefore grant permission to Upstart to use and publish the photographs, on conditions such is to provide or assist in providing an accurate, fair and balanced report of the hearing, and is not to be used or published out of context.

—Jagose J

1      In Court Media Guidelines 2016, sch 2, cll 12–13.

2      Subpara 2.1.