By Anna Longdill

Appeal against conviction for misuse of a telephone device through sending obscene messages to daughter via Messenger – definition of “telephone device” in Telecommunications Act 2001: does it include desktop/laptop computers, tablets and cellular phones? – relevance of freedom of expression in s 14 New Zealand Bill of Rights Act 1990?

Swannell v Police [2025] NZHC 2124 per Gault J

On 9 December 2022, Kevin Swannell sent his daughter abusive messages over Messenger. He continued after she told him to stop, sending messages including “[g]o to the fucken police you gutless poor excuse of a human. You are a loser and I am coming to get my fucken child so fuck you, you fat fuck.”

She did go to the police, who charged Swannell with misusing a telephone device, contrary to s 112(1) Telecommunications Act 2001. This provides that it is an offence to, in using a telephone device, use profane, indecent, or obscene language, with the intention of offending the recipient.