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Director-General of Social Welfare v Television New Zealand Ltd (1989) 5 FRNZ 594

Case summary provided by BROOKERS

Name: Director-General of Social Welfare v Television New Zealand Ltd
Reported: (1989) 5 FRNZ 594
File number: CP2249/89
Date: 19 October 1989
Court: High Court
Location: Auckland
Judge: Gault J
Charge:
CYPF no: Children and Young Persons Act 1974, s24
Key Title: Media Reporting
Brooker’s Summary:

Children and young persons - Press reporting - Injunction - Restraint of television broadcast in the interest of child - Whether mere identification of the child as a foster child constituted a "report of the proceedings" in terms of s 24 Children and Young Persons Act 1974.

On 16 October 1989, an interim order was made restraining the broadcast of a television item on the respondent's programme "The Holmes Show". The item dealt with the removal of an 8-year-old foster child from her foster parents by the applicant. The applicant submitted that it would be contrary to the interests of the child if the item was broadcast on the basis that the identification of the child as a foster child would constitute a "report of proceedings" in terms of, and prohibited by, s 24 Children and Young Persons Act 1974.

Held, dismissing the application:

Proceedings under the Children and Young Persons Act 1974 include all matters in which the jurisdiction of a Court is invoked for adjudication or determination and may be taken to extend to the execution or enforcement of judgments or orders. However it does not extend to encompass the continuing status of the person consequent upon a determination of proceedings. That status, while it might be a result of the proceedings, is not itself part of them. If it had been intended that the mere fact that a child is a foster child, or is under the care of the Director-General, were to be prohibited from disclosure, much clearer language would have been used in s of the Act.

Cases referred to

T v A-G (1988) 4 FRNZ 582

Application

This was an application for an injunction to restrain the broadcast of an item on the respondent's television programme.

The facts appear from the judgment.