Solicitor-General David Collins intends to take contempt proceedings against Fairfax Media for publishing the contents of police surveillance information gathered while investigating suspected terrorism activity.
Dr Collins, QC, has written to the company, saying he has decided to issue contempt proceedings against the company, which publishes stuff.co.nz, TheDominion Post, The Press and The Waikato Times. The Dominion Post's editor is also to be prosecuted.
Dr Collins told Fairfax Media in the letter that it had published intercepted communications which police had used to seek to charge 12 people under the Terrorism Suppression Act.
Once it was decided that no charges would be brought under that legislation, the intercepted communications "could never be admitted in any court proceedings", Dr Collins wrote.
The 12 people, and four others, were facing charges under the Arms Act which have not yet been heard.
The company knew, or ought to have known, that it was illegal to publish the intercepted communications, Dr Collins wrote.
He considered the information was "sensational, memorable, prejudicial and completely inadmissible", adding that to his knowledge Fairfax Media was the only media organisation to publish the information.
Dr Collins told the company he acknowledged the need for openness and transparency in court proceedings and in "matters of great public interest".
However, this did not override the rights of all New Zealanders charged with criminal offences to receive a fair trial, which he considered the publication had "put at issue".
