Cunliffe v Munroe  NZDC 261
Published 11 July 2019
Harmful Digital Communications Act 2015, ss 3, 12 & 19 — harassment — order without notice — Official Information Act 1982 — Harmful Digital
Communications Rules 2016 — NetSafe — Commerce Commission v Giltrap City Limited (1997) 11 PRNZ 573 — Commissioner of Inland
Revenue v Chesterfields Preschools Limited  2 NZLR 679 — New Zealand Bill of Rights Act 1990.
The plaintiff made an application to the Court without notice under s 19 of the Harmful Digital Communications Act (HDCA) against a representative of a school
board of trustees who, the plaintiff alleged, had placed unwanted pressure, tantamount to blackmail, in email correspondence.
The Judge outlined the threshold for proceedings under s 12 of the HDCA and determined the plaintiff's claim to be clearly untenable. The Judge held there was
no breach of the communication principles and, even if there had been a breach, there was unlikely to be evidence of it causing serious emotional distress. The
application was therefore dismissed.
Judgment Date: 11 January 2019.