Appeal against Court of Appeal judgment quashing a takedown order relating to prejudicial online material – Criminal Procedure Act 2011, ss 199A, 199B, 199C, 199D – Proper test for determining applications for takedown orders? –  Relevant considerations for the court – Crown prosecutor’s responsibilities – Procedural approach

Exley v NZME Publishing Ltd [2025] NZSC 90

Damon Exley escaped from prison on 18 February 2022. A passing woman motorist later offered him a lift when he was walking as it was raining. Exley produced a knife, ordered her to stop at a secluded area and then raped her in the back of her car. At his direction, she drove to Masterton. Once there, she alerted a member of the public and the police were called. As a result of these events, police arrested Exley two days later and charged him with sexual violation by rape, assault with a weapon and abduction for the purposes of sexual connection.

Media reported extensively on Exley’s escape, both before and after his arrest. The articles included details of his earlier convictions, described him as a “dangerous inmate who fled Rimutaka Prison”, having been the subject of a “man hunt” and having “more than 240 previous convictions”.