LAWS101B Sample

Case Analysis: Privacy

Scenario 1: Money Talks

Boris Brown is an extremely rich and important local Dunedin business man. After hearing complaints from the wider student community about the lack of student bars, he decides it would be a great opportunity to make some money. Boris wants to name his new student bar ‘Finishers’ and applies for a resource consent with the Dunedin City Council.

He sets up a meeting with the OUSA Executive to discuss his new idea. Some of the Executive are away on holiday so they decide to Zoom in. The meeting goes well, and once the Executive had left the room he made a phone call to a work colleague. Unfortunately for Boris, Theresa, one of the Executive members, was still on the Zoom call and could hear everything he said. She decides to record what he was saying for a bit of a laugh.

Boris can be heard saying:

“Building materials are so expensive these days – I think I’ll build it out of cheap rubbish. It probably won’t be safe but who cares, I’ll be rich”

“The stupid government are so incompetent they don’t even know I’m not paying taxes”

“I’ll probably meet up with Hillary again tonight. Don’t tell my wife!”

Theresa was horrified at what she had heard and decided immediately to send it to the ‘Gotcha Journalist’ – a national newspaper. They agreed with Theresa that it was a juicy story and published his comments.

Boris wakes up to find 20 missed calls from his wife, an email alerting him that the resource consent for the new bar has been declined, and an important looking letter from the IRD.

Boris Brown is furious, and contacts you, a legal advisor, immediately.

Advise Boris on the legal remedies that may be available to him, and his prospects of success.

Regardless of what the law would actually say, do you consider that the law should allow someone to recover damages in these circumstances?