C v Holland

Question 1

Facts

Answer 1

25 year old woman was filmed in the shower through a digital camera in the shower roof, by her boyfriends flatmate.

This established “intrusion into seclusion”

Question 2

Issue

Answer 2

Should “intrusion into seclusion” be apart of NZ law

Question 3

Decision

Answer 3

Defendant guilty, intrusion to seclusion should become apart of NZ law

Question 4

Reasoning

Answer 4

There was no dispute as to the facts.

(a) The Defendant had intruded into the Plaintiff’s solitude and seclusion when he recorded video clips of C in the bathroom partially undressed or naked; and

(b) The Defendant infringed a reasonable expectation of privacy when videoing the Plaintiff in the bathroom partially undressed or naked.

(c) Defendants conduct was highly offensive to a reasonable person

Question 5

Ratio

Answer 5

Intrusion to seclusion