DIGITAL PROPERTY - DIXON V R [2015] NZSC 147, [2016] 1 NZLR 678

Abstract

This article examines the Supreme Court decision of Dixon v R (Dixon). It suggests that the Supreme Court characterisation of a digital file is wrong and is based on a number of incorrect assumptions and fallacies about technology. The decision demonstrates what can go wrong when Judges attempt to judicially legislate in the field of law and technology, and suggests that such policy matters should be left to the legislature.