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Ives v Ives [2023] NZDC 4693

Published 20 June 2023

Without-notice application — cease and refrain — "serious emotional distress" — Harmful Digital Communications Act 2015, ss 4, 6(1), 12(1), 12(2), 18(2) & 19 — Harmful Digital Communications Rules 2016, rr 11(b), 12, 17(1) & 21(3) — R v Iyer [2017] DCR 82. The applicant sought without-notice orders requiring the respondent to cease and refrain from sending emails in which she accused the applicant of criminal offending. The applicant alleged that the respondent, who was his daughter, had sent his employer an email falsely claiming that he had raped her when she was a child. The Court viewed the email and considered that it breached several of the communication principles and also that it had caused harm to the applicant. Given the applicant's vulnerability and the likelihood of further harm to him, the Court found it appropriate to make an interim order that the respondent stop or posting communications relating to the applicant. The Court made an order that the parties attend a judicial conference to discuss setting a trial date. Judgment Date: 16 March 2023. * * * Note: names have been changed to comply with legal requirements. * * *

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