NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Dotcom seeks to appeal High Court decision on privacy breach

Melissa Nightingale
By Melissa Nightingale
Senior Reporter, NZ Herald - Wellington·NZ Herald·
19 Mar, 2019 08:53 PM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

The High Court overturned the Human Rights Review Tribunal's finding of a breach of privacy in the Kim Dotcom case. Photo / Greg Bowker
The High Court overturned the Human Rights Review Tribunal's finding of a breach of privacy in the Kim Dotcom case. Photo / Greg Bowker

The High Court overturned the Human Rights Review Tribunal's finding of a breach of privacy in the Kim Dotcom case. Photo / Greg Bowker

Kim Dotcom is seeking leave to appeal a decision by the High Court that his privacy was not breached by the Crown.

The High Court last year overturned a Human Rights Review Tribunal's finding of a breach of privacy in Dotcom's case.

He made a request in 2015 under the Privacy Act for "every record mentioning him by name held by every government agency and every then-government minister, plus each agency contracted to work with any of those entities".

The internet mogul claimed the total of 52 requests should be dealt with under urgency because the information was necessary for his upcoming extradition eligibility hearing.

Most of the requests were transferred to the Attorney-General, and were declined on the basis they were "vexatious" and included "trivial" information. Dotcom filed a complaint with the Privacy Commissioner, which was rejected.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

He then complained to the Human Rights Review Tribunal, which found it was wrong for the Crown to transfer the requests to the Attorney-General and to refuse the requests.

It awarded Dotcom $90,000 damages, $60,000 for injury to feelings, and $30,000 for loss of a benefit - that being the information that he sought.

But in a decision released in October last year, the High Court said there was a "proper and lawful purpose for the transfer of the requests and that, because of the insistence that all 52 requests were required to be responded to urgently, on the ground that the information sought was relevant to the eligibility proceedings, they were vexatious".

Advertisement
Advertise with NZME.

It also said it would not have upheld the awards of damages for lost benefit and loss of dignity or injury to feelings.

At the four-day appeal hearing, the lawyer for the Attorney-General, Victoria Casey, told the High Court at Wellington the transfer of the requests was "orthodox and sensible", and that the tribunal had taken the wrong approach to deciding whether the requests were vexatious.

There was also "no evidential basis" for the $30,000 award for loss of a benefit, because Dotcom could have reapplied for the information under another part of the Privacy Act.

Casey also challenged the $60,000 award for injury to feelings, saying the requests were taken seriously and dealt with respectfully.

Discover more

New Zealand|politics

Dotcom to take US extradition fight to Supreme Court

04 Jul 10:43 PM
New Zealand

Steve Braunias: Kim Dotcom's Doomsday bunker

27 Jul 08:34 AM
New Zealand

Dotcom case: High Court overturns breach of privacy ruling

02 Oct 01:03 AM
New Zealand|crime

Judges: Dotcom cannot appeal, must pay US

14 Mar 04:43 AM

Dotcom's lawyer, Ron Mansfield, today appeared in the High Court at Wellington seeking leave to appeal the decision.

He raised questions about whether Dotcom's two requests - for information and for urgency - should be dealt with as one request, and whether the court was correct in saying transferring the information to another agency was allowed.

"It is a matter of general public importance that this issue is resolved," Mansfield said.

"It goes to whether an agency can transfer a request for information to, effectively, counsel who are involved in litigation."

He said urgency was never a basis on which the matter could be transferred to the Attorney-General.

Casey said Mansfield's argument that the urgency request was not relevant to whether the request was vexatious was an "untenable" position to pursue.

Advertisement
Advertise with NZME.

"It cannot be argued that, under any circumstances, in any case, urgency is not relevant," she said.

The points Mansfield raised "did not meet the test for general public importance".

Justice Peter Churchman reserved his decision.

Dotcom has a number of matters going through the courts, including his battle against extradition.

The Court of Appeal upheld a decision in July that Dotcom could be extradited to the United States to face criminal copyright charges.

The Queenstown-based millionaire has vowed to appeal that decision in the Supreme Court.

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

Business|economy

'Hang in there': Experts warn of turmoil in oil, financial markets

22 Jun 07:41 PM
New ZealandUpdated

Wellington commuters face delays after motorway crash

22 Jun 07:40 PM
Herald NOW

New sports center creating hundreds of job opportunities in Canterbury

Help for those helping hardest-hit

sponsored
Advertisement
Advertise with NZME.
Recommended for you
Wellington commuters face delays after motorway crash
New Zealand

Wellington commuters face delays after motorway crash

22 Jun 07:40 PM
Listen: Luxon, Peters to speak on US-Iran conflict as NZ deploys plane to Middle East
New Zealand

Listen: Luxon, Peters to speak on US-Iran conflict as NZ deploys plane to Middle East

22 Jun 07:36 PM
700% rise in ICE agreements leaves families in turmoil
World

700% rise in ICE agreements leaves families in turmoil

22 Jun 07:27 PM
Bizarre Disneyland stunt: Adults stage fake wedding for 9-year-old
World

Bizarre Disneyland stunt: Adults stage fake wedding for 9-year-old

22 Jun 07:15 PM
Bride dies, guests wounded in wedding shooting in France
World

Bride dies, guests wounded in wedding shooting in France

22 Jun 07:03 PM

Latest from New Zealand

'Hang in there': Experts warn of turmoil in oil, financial markets

'Hang in there': Experts warn of turmoil in oil, financial markets

22 Jun 07:41 PM

Experts urge calm, highlighting long-term market resilience over short-term fears.

Wellington commuters face delays after motorway crash

Wellington commuters face delays after motorway crash

22 Jun 07:40 PM
New sports center creating hundreds of job opportunities in Canterbury

New sports center creating hundreds of job opportunities in Canterbury

Listen: Luxon, Peters to speak on US-Iran conflict as NZ deploys plane to Middle East
live

Listen: Luxon, Peters to speak on US-Iran conflict as NZ deploys plane to Middle East

22 Jun 07:36 PM
How a Timaru mum of three budding chefs stretched her grocery shop
sponsored

How a Timaru mum of three budding chefs stretched her grocery shop

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP
search by queryly Advanced Search