Jeremy Finn “Case Note: ASG v Hayne – A Case of Publish And Not Be Damned” [2016] NZCLR 86

Abstract

I. INTRODUCTION The decision in ASG v Hayne¹ has significant implications for persons seeking permanent name suppression. This appears to have been the first time the Court of Appeal has been called upon to consider the meaning of “publication” under section 200 of the Criminal Procedure Act 2011. Unfortunately the decision raises at least as many questions as it answers. Some of these difficulties may reflect the fact that the case came before the Court of Appeal on appeal from the Employment Court, rather than from a criminal proceeding.