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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2013-404-005218 [2014] NZHC 2221
BETWEEN CAMERON JOHN SLATER Appellant AND
MATTHEW JOHN BLOMFIELD Respondent
Hearing: 23 June 2014 Counsel:
CJ Slater in person
MA Karam and MG Beresford for Respondent
J Miles QC as amicus curiaeJudgment:
12 September 2014
JUDGMENT OF ASHER J
This judgment was delivered by me on Friday, 12 September 2014 at 1.30 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
J Miles QC, Auckland.
MA Karam, Auckland.
Copy to:
C Slater, Auckland.
SLATER v BLOMFIELD [2014] NZHC 2221 [12 September 2014]
Table of Contents
Para No
Introduction [1] The defamation claim [5] Section 68(1) of the Evidence Act 2006 [17] Approach to s 68(1) [33] The relevant time [36] Whether there was a promise [39] Whether Whale Oil was a news medium
Blog sites [42]
Can a blogger be a news medium? [43]
Is Whale Oil a news medium? [55]
Was Mr Slater receiving information in the normal course of his work?
The notion of normal course of work [66]
Was Mr Slater receiving information in the normal course of his work? [75] Disclosure of sources has taken place [85] Conclusion on s 68(1) [93] Rule 8.46 [95] Application for order that s 68(1) not apply [104] The issues to be determined in the proceeding [109]
The public interest in the disclosure of evidence of the identity
of the informants [112]
Likely adverse effect of the disclosure on the informants or any
other person [121]
The public interest in the communication of facts and opinion to the
public by the news media and its ability to access sources of facts [128] Weighing the factors [136] Summary of conclusions [140] Result [152] Costs [155]
Introduction
[1] The appellant, Cameron Slater, is being sued for defamation in the Manukau District Court by the respondent, Matthew Blomfield. There are two matters arising in this Court. First, there is an appeal against a decision of Judge Blackie declining to extend to Mr Slater the protection given by s 68(1) of the Evidence Act 2006 to journalists from being compelled to disclose the identity of informants.1 An aspect of this appeal is a challenge to Judge Blackie’s decision that r 8.46 of the High Court Rules did not apply and that interrogatories should have been allowed. The second matter is an originating application to this Court filed by Mr Blomfield after the
filing of the appeal, as a back-up position, seeking an order under s 68(2) of the Evidence Act that s 68(1) not apply should he be unsuccessful in opposing the appeal relating to s 68(1).
[2] Both parties in this Court were originally unrepresented. Mr Miles QC was appointed amicus curiae. By the time of the hearing Mr Blomfield had briefed Mr Karam who appeared for him, and Mr Slater remained self-represented. Mr Miles presented a wide ranging submission to assist the Court.
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