Slater's legal battle to continue next week

Blogger Cameron Slater. Photo / Doug Sherring

Cameron Slater's legal battle against the media will continue next week as he tries to get back all his leaked, private communications.

A High Court interim injunction hearing was adjourned today after both sides reached an agreement not to publish personal information about the Whale Oil blogger, but Slater launched further action to try and retrieve all leaked information from reporters who had it.

Slater's legal action was first heard on Friday and Justice John Fogarty made temporary orders gagging the hacker known as Rawshark from releasing further material.

But he allowed the media to report any of the previously-leaked communications and anything the hacker had provided before the hearing -- orders which still stand.

Today the court heard how the media respondents -- APN, TV3 and Fairfax Media -- agreed not to publish information about Slater which had no genuine public interest.

"Personal private information comprises information about the plaintiff's wife and children, his medical records, the death of his mother; and information of a similar nature," the judge said.

The case will be back before the High Court on Monday as Slater attempts to force media to return all leaked communications.

Rawshark leaked email and Facebook exchanges between WhaleOil blogger Slater and several others through the Twitter account Whaledump after the publication of Nicky Hager's book Dirty Politics.

But before last week's hearing the hacker said the account would be closed and no more information would be forthcoming.

Slater's lawyer John Billington QC suggested the case was unique and likely to shape the country's legal landscape for future cases.

The lawyer representing the media organisations Julian Miles QC called the situation "unprecedented in New Zealand political history".

There were also references to TV3 director of news Mark Jennings' affidavit in which he pointed to the hypocrisy of Slater taking such legal action when he has previously spoke out about free speech.

Mr Billington said there was another form of public interest the court should take into account.

"The court can't close its eyes to the fact the information was obtained by crimes ... and crimes that carry a significant term of imprisonment.

"It's also in the public interest upholding law and order." While finding merit in both arguments Justice Fogarty signalled his worry about endorsing the behaviour of hackers.

"Doesn't that signal to hackers: 'you've broken into someone's computer but hey, it's such great stuff'?"

Slater's statement of claim said he had "tens of thousands of emails spanning a period of more than ten years", including exchanges with accountants, doctors, lawyers, psychiatrists and personal communication with his wife.