C V Holland Case

Introduction

The interests protected by the law of torts are different in character, from an injury to the person to protection against any wrongful harm to one’s reputation. But these concepts keep on growing with advances in society and technology, more and more intrusions into one’s personal life, ways through which harm may be perpetrated against an individual’s well-being continue to evolve.

This paper will focus on the extent to which tort law protects privacy interests. Different countries have adopted different positions to protect a person against the invasion of privacy. The stand taken by the United Kingdom is that there is no general law for invasion of privacy. In fact, the law will protect against any publication of private information

The existence of facts in respect of which there is a reasonable expectation of privacy; and

2. Publicity given to those private facts would be considered highly offensive to an objective reasonable person.

Another important case in the New Zealand court, was C v Holland where C was an occupant in a house owned by her boyfriend and Mr. Holland. The facts of this case show that Mr. Holland installed a recording device in the roof cavity above the shower and toilet. Videos were taken of C while she was showering, which were later discovered by C. She has commenced an action against Mr. Holland on basis of invasion of her privacy. Issue was whether invasion of privacy where there is no publicity or no prospects of publicity, would be an actionable tort in New Zealand.

The High Court held that a tort of intrusion upon seclusion is a part of New Zealand law. Most appropriate way considered by the judges was to maintain consistency with North American tort and that the content of the tort must be consistent with domestic privacy laws. On such basis, elements were laid down by the court for a claim based on the tort of intrusion upon seclusion:

1. An intentional and unauthorised intrusion;

2. Into seclusion (namely intimate personal activity, space and