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Sykes v North [2021] NZDC 18080

Published 07 March 2022

Application for orders — interim order made final — suppression orders — Harmful Digital Communications Act 2015, s 6. The Court had previously made interim orders against the defendant: that she refrain from sending any digital communication to the plaintiff; that she not send any digital communications that referred to the plaintiff in any way; that she not encourage any other person to send any digital communications to the plaintiff; and that she nor encourage any other person to send any digital communication referring to the plaintiff. The defendant had subsequently filed a notice of opposition and indicated that she had legal representation; however neither the defendant nor her lawyer had attended the scheduled court hearing. The plaintiff argued that the interim orders should therefore be made final. The Court agreed, finding that the defendant had sent the plaintiff communications that breached several of the communications principles: they were grossly offensive, harassing, incited the plaintiff to commit suicide, and denigrated the plaintiff by reason of her national origins. The communications had caused the plaintiff severe emotional distress. However the Court declined to order an apology, finding that to do so could ultimately cause further harm to the plaintiff. Finally, the Court ordered that the names of both parties be suppressed. Judgment Date: 11 August 2021. * * * Note: names have been changed to comply with legal requirements. * * *

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