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

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • 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
  • 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
    • 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
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • 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

Labour Party summer camp case: Court grants man permanent suppression to protect against social media 'mob'

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
2 Sep, 2020 10:00 PM6 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 accused outside the Auckland District Court with his lawyer Emma Priest. Photo / Brett Phibbs

The accused outside the Auckland District Court with his lawyer Emma Priest. Photo / Brett Phibbs

The Court of Appeal says social media is a toxic place and has been 'weaponised' to take out those deemed to have transgressed the norms of any online group.

A young man has been granted permanent name suppression after admitting he assaulted two people at a drunken Labour Party youth summer camp.

And in what may be a precedent setting decision, the Court of Appeal said it did so to protect him from a social media "mob" intent on "cancel culture" and internet vigilantism.

The 22-year-old has not been identified since the criminal case was sparked when sexual allegations emerged from the Labour event near Waihi in February 2018.

Midway through a trial last year in the Auckland District Court, however, a plea deal was reached with prosecutors after a jury was asked to consider five charges of indecent assault, relating to two men and two women.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The man ultimately pleaded guilty to two amended charges of assault for the allegations against the two men, and the charges against the two women were withdrawn and dismissed.

He was discharged without conviction but declined permanent name suppression in the District Court, leading to a series of appeals.

Today, the Court of Appeal released its decision granting the man permanent suppression and overturning an earlier High Court decision.

Advertisement
Advertise with NZME.

In their judgment, Justice Murray Gilbert, Justice Rebecca Ellis and Justice Sarah Katz took aim at social media and the harm "likely to be inflicted" on the man by its users.

While the judges said there would be no extreme hardship with publication in mainstream media, which was subject to both a code of ethics and the complaints procedure, the same could not be said for social media.

"Commentary about a case or about a defendant on social media is a very different matter. There can be no reasonable expectation that such reportage will be fair or accurate," the decision reads.

"And there is no realistic way of controlling its content or its spread, particularly in a high profile and politically controversial case."

Discover more

New Zealand|politics

Labour to review policies after report into summer camp scandal

28 Aug 09:58 PM
New Zealand|crime

'Excessive amounts of alcohol' at Labour Party summer camp

03 Sep 04:20 AM
New Zealand|politics

Labour Party camp: Spat between lawyers about whether sexual offending occurred after plea deal

04 Sep 08:08 AM
New Zealand|crime

Top Kiwi sports star continues court fight for suppression

01 Sep 11:23 PM

The Court of Appeal said this was a problem the courts have yet fully to grapple, particularly where a defendant is young and "vulnerable to trolling, doxing, and internet vigilantism."

The man's lawyer, Emma Priest, has said Facebook and Twitter users have labelled her client a "sexual predator" and "the Labour Youth Camp pervert" despite the sexual charges being dropped.

The Court of Appeal described social media's current form as both universal and toxic and also commented on the more recent phenomenon of "cancel" or "call-out" culture.

It said this was when social media is "weaponised against those deemed to have transgressed the norms of any online group (or mob)".

"And there can be no doubt that this new culture of public shaming has the potential to be mercilessly inflicted on young people who become embroiled in the criminal justice system — particularly in the context of alleged sexual offending — however briefly, and whatever the legal outcome of the case."

The court added it now believes the potential hardship caused by the "pernicious, judgemental, exponential, indelible, and often ill-informed publication on social media platforms" is of a quite different magnitude than in past years.

Advertisement
Advertise with NZME.

"Public shaming of this or any kind forms no part of our criminal justice system. It is not the object of open justice. It serves no useful rehabilitative or other social purpose. Its object is humiliation and degradation," the decision reads.

"So we think that, in a case such as the present, it is time to recognise these realities."

The Court of Appeal also reviewed a selection of social media posts and comments about the case.

"There is every reason to believe that, if [the man's] name was now published, such comments would grow in number and in venom.

"The clear view held by a number of social media commentators thus far (that the decision to discharge [him] without conviction was wrong, the result of political interference, politically motivated, or related to the affluence of his family or the colour of his skin) makes [him] a particular target for 'cancelling'."

The court said those people who "are disposed to use social media in this way will regard their hateful posting as justified by their perception that [the man] has escaped justice".

A case of 'political football'

At his sentencing last November, the man was discharged without conviction but also refused permanent name suppression by Judge Russell Collins.

Advertisement
Advertise with NZME.

The suppression decision was upheld on appeal in April by Justice Christian Whata in the High Court.

This led to a second appeal attempt at the Court of Appeal in June.

At the hearing, Priest argued Justice Whata erred in dismissing the first appeal and had used a higher threshold test against her client because of the "highly disproportionate nature of media reporting in this case".

"This is not a case of the public not knowing what went on, they know everything that went on," she said.

"Without suppression, it is my submission, that the discharge without conviction is meaningless."

Priest also said it was easy for the courts to discount "misguided comments by uninformed people" on social media commenting on news events.

Advertisement
Advertise with NZME.

When making his decision, Justice Whata pondered the prospect of continuing suppression until after the general election, but on reflection he said the political dimension precludes such a course.

After the sentencing, one of the victims spoke to Newstalk ZB and said the case had became a "political football".

Both victims and the Crown were against suppression for the man.

When the trial began last August, the court heard there had been heavy drinking at the camp, which was described by witnesses as a "glorified piss-up".

Prime Minister Jacinda Ardern had spoken at the camp the day before the offending.

Wellington lawyer Maria Austen conducted an external review of Labour Party procedures, which included several recommendations. Ardern has said the report will be publicly released after the court proceedings concluded.

Advertisement
Advertise with NZME.

Former Labour Party president Nigel Haworth, who quit last September as separate sexual allegations within the party came to light, has said all the recommendations of Austen's report would be implemented.

Save

    Share this article

Latest from New Zealand

New ZealandUpdated

'About time': Residents sick of 'boy racers' back Govt plan to toughen laws

11 May 06:06 PM
New Zealand

'Life and death': Northland road safety plea as toll hits eight

11 May 05:00 PM
New Zealand

'It’s been a long time coming': Artist couple open studio in Far North

11 May 05:00 PM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'About time': Residents sick of 'boy racers' back Govt plan to toughen laws

'About time': Residents sick of 'boy racers' back Govt plan to toughen laws

11 May 06:06 PM

Ministers announced the changes in Rotorua on Sunday, alongside Mayor Tania Tapsell.

'Life and death': Northland road safety plea as toll hits eight

'Life and death': Northland road safety plea as toll hits eight

11 May 05:00 PM
Future of Napier-Wairoa train line still uncertain

Future of Napier-Wairoa train line still uncertain

11 May 05:00 PM
'It’s been a long time coming': Artist couple open studio in Far North

'It’s been a long time coming': Artist couple open studio in Far North

11 May 05:00 PM
Connected workers are safer workers 
sponsored

Connected workers are safer workers 

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
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • 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