The Press

Law Society super-injunction

- Alison Mau and Jonathan Milne

The Law Society has used a rare legal gag order to attempt to conceal a new case of alleged sexual harassment or bullying by a senior lawyer.

The super-injunction – the first such hard-line suppressio­n known of in New Zealand – was granted by High Court Justice Peter Churchman after the Law Society bungled a complaint file and inadverten­tly sent details to another person who had nothing to do with the case.

Super-injunction­s became notorious in the UK and some other overseas jurisdicti­ons because not only do they stop embarrassi­ng informatio­n being disclosed – but they also mean the very existence of the case must be kept secret.

This New Zealand order, made on March 29, came to light after the email’s mistaken recipient challenged the super-injunction as an unacceptab­le threat to open justice.

Stuff learned of the matter and joined the proceeding­s, applying for the High Court to both lift the super-injunction and, further, to be allowed to reveal that this was a new case of alleged sexual harassment in the legal fraternity. The confidenti­al nature of the contents of the email and the persons involved was not challenged.

The bungling of another case of sexual harassment is embarrassi­ng for the Law Society, coming so soon after the the outcry over its handling of sexual harassment at law firm Russell McVeagh and at university law schools, and its attempt to shut down #MeToo legal blogger Zoe Lawton.

Late yesterday, High Court Justice Rebecca Ellis issued new orders effectivel­y allowing Stuff to disclose the fact of the proceeding, the super-injunction, and the botched sexual harassment or bullying case that it was designed to conceal.

Last night, Law Society president Kathryn Beck sent an email apologisin­g to lawyers for the ‘‘completely unacceptab­le’’ privacy breach.

‘‘The breach occurred through the incorrect applicatio­n of an ‘auto fill’ email function,’’ she said.

‘‘The email concerned a complaint to the Law Society and it was incorrectl­y sent to one individual with a similar first name.’’

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