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

The Government manager and the spy cam: Offender claims 'miscarriage of justice' in Supreme Court bid to keep name secret

Anna Leask
By Anna Leask
Senior Journalist - crime and justice·NZ Herald·
30 Mar, 2021 06:49 PM4 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 man's appeal was heard in the High Court at Auckland in November last year. Three years on from the offending. Photo / File

The man's appeal was heard in the High Court at Auckland in November last year. Three years on from the offending. Photo / File

A Government manager who planted a spy camera in a gym bathroom is taking his fight to keep his name secret to the country's highest court - claiming he's the victim of a "miscarriage of justice".

He says judges who have heard his case so far have made errors in their decisions and "ignored" the impact being named would have on him.

In June last year the Herald revealed - after following the case since early 2018 - the man captured nearly 40,000 images of unsuspecting men and women in various states of undress.

He was originally granted a discharge without conviction and permanent name suppression.

Police appealed that result on the basis the wrong summary of facts was used at the sentencing, minimising the seriousness of the offending as an isolated incident.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The offending included four separate dates in November 2017.

One woman had told the court of "feeling sickened" at learning she was filmed naked in a "place where she had expected to be safe".

After the High Court appeal, Justice Simon Moore deemed the consequences of a conviction would not be disproportionate.

Advertisement
Advertise with NZME.

He quashed the original sentence, entered a conviction and revoked permanent name suppression. The case was due to go back to the District Court for sentencing.

The man then took his case to the Court ofAppeal.

After reviewing the matter Justice Stephen Kos, Justice Susan Thomas and Justice David Gendall dismissed the man's appeal, stating the High Court judge had based his decision on the correct facts.

They said Justice Moore had also taken an "orthodox and correct approach" and agreed that the man did not meet the "extreme hardship" threshold to warrant name suppression.

Discover more

New Zealand|crime

Multimillionaire paedophile released from prison

31 Mar 03:09 AM
New Zealand|crime

'I was scared to make him mad' - accused gives evidence in child sex abuse trial

22 Nov 10:21 PM
New Zealand

Playing 'games': Man faces charges over 12 years of child sex abuse

18 Jan 05:49 PM
New Zealand|crime

Catching Kiwipedo: The child sex dark web court case that took years

22 Jan 04:06 AM

Furthermore, the principle of open justice clearly favoured publication, the decision said.

Before the man's name suppression lapsed he mounted a new appeal, seeking leave to take his case to the Supreme Court.

Yesterday he filed his full application for leave.

In it his lawyer Ron Mansfield said there had been a "miscarriage of justice" and Justice Moore had made "several errors" when assessing the gravity of offending, "overlooked" the offender's personal mitigating features and "ignored" the "stigma and additional complications" that would come with a conviction.

"In doing so, he effectively treated as irrelevant what in other cases has been held to be a significant consequence, especially for someone of the applicant's age and stage in life," Mansfield said in his submissions, provided to the Herald.

He said the Court of Appeal then "glossed over" the same point.

Advertisement
Advertise with NZME.

Both courts were "led astray" by looking at the case from the wrong angle - the consequence of a conviction rather than the underlying offending.

Mansfield said their assessments were: "incomplete" and "meaningless" as a result - and given their approach, they were always going to be "skewed heavily in favour of a conviction".

His proposed Supreme Court appeal would be "a suitable vehicle" for his client to have a fair hearing.

As for name suppression, Mansfield said earlier analysis of the case by Justice Moore was "incomplete" and the Court of Appeal approach was "just as cursory".

He claimed that in the three years since the offending the offender had "poured considerable effort" into addressing his deep personal issues.

But he was "by no means out of the woods" and had "endured a stretch of suicidal ideation".

Advertisement
Advertise with NZME.

He was still "coming to terms" with losing his high powered role and his outlook for the future was "bleak" even if his name was never published.

"The fallout from publication - which, given the media will inevitably focus on the salacious aspects will be considerable - will only make it bleaker," Mansfield said.

"Publication will render the recovery he has worked so hard at over the past three years virtually impossible.

"And for what? While there is always an interest in open justice in the broader sense - there is no particular interest here."

Mansfield said the man's offending had no connection to his role and the public interest in the case had been "overstated".

The man's employer had no idea he had been charged and said they would not have supported any bid for a discharge without conviction or name suppression.

Advertisement
Advertise with NZME.

Mansfield said the Supreme Court ought to appropriately assess the "relevance of his personal issues to the extent of the hardship he will suffer".

The court is yet to decide whether the appeal will be heard and is seeking submissions from parties including the Crown and the Herald.

Save

    Share this article

Latest from New Zealand

New Zealand

Miriama Kamo on the death of Sunday: ‘A horrifying time as a journalist’

23 Jun 04:58 AM
New Zealand

'Dream come true': Blues up-and-comer signs for Hawke's Bay Magpies

23 Jun 04:30 AM
New Zealand

Hunt for motorcyclist after fatal hit-and-run: Police get several responses

23 Jun 04:20 AM

Anzor’s East Tāmaki hub speeds supply

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Miriama Kamo on the death of Sunday: ‘A horrifying time as a journalist’

Miriama Kamo on the death of Sunday: ‘A horrifying time as a journalist’

23 Jun 04:58 AM

'What is a heartbreak for me is watching the pillars of our industry falling over.'

'Dream come true': Blues up-and-comer signs for Hawke's Bay Magpies

'Dream come true': Blues up-and-comer signs for Hawke's Bay Magpies

23 Jun 04:30 AM
Hunt for motorcyclist after fatal hit-and-run: Police get several responses

Hunt for motorcyclist after fatal hit-and-run: Police get several responses

23 Jun 04:20 AM
2000 litres of petrol allegedly stolen from Northland service station

2000 litres of petrol allegedly stolen from Northland service station

23 Jun 04:04 AM
Kaibosh gets a clean-energy boost in the fight against food waste
sponsored

Kaibosh gets a clean-energy boost in the fight against food waste

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