R v Henare
[2024] NZHC 365
•28 February 2024
IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CRI-2022-031-776
[2024] NZHC 365
THE KING v
ADAM KAPO HENARE
Trial: 2–10 October 2023 Counsel:
G J C Carter and G M Stone for Crown P C Mitchell for Defendant
Judgment:
28 February 2024
ORAL JUDGMENT OF RADICH J
[1] This decision relates to an in-court media application brought to my attention this morning from Stuff. It is opposed by the defendant insofar as it relates to the taking of a photograph.
[2] A media application was made last week and was granted without opposition. This application does not seem to be different, to me.
[3] Under the In-court Media Coverage Guidelines 2016, the Court has to, in the face of applications for media coverage, consider a range of matters. They include the need for a fair trial. This is sentencing, of course, and not a trial.
R v HENARE [2024] NZHC 365 [28 February 2024]
[4] The desirability of open justice is a key and fundamental factor as is the principle that media have an important role in reporting trials. We also must, of course, have regard to the obligations and the interests of others involved – victims – and the defendant and the perceptions of the parties.
[5] In the guidelines there are a range of standard terms and conditions that have been carefully set to ensure any media coverage is fair and reasonable and that it is only, to the extent needed, in terms of photography and film, for example.
[6] I am going to allow the application on the standard terms and conditions which is that there will be one photograph that is able to be taken only right at the beginning and that will be the end of the photography for the session. They are the same terms as those in place for the application for NZME which was granted on last week.
Radich J
Solicitors:
Crown Solicitor, Palmerston North for Crown Mitchell Law, Waikanae for Defendant
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