Hosking v. Runting

Mike and Marie Hosking (plaintiffs), a celebrity couple, had twin girls together prior to their separation. The Hoskings carefully protected the privacy of their children and refused to allow the children to be photographed. Simon Runting (defendant) took photos of the Hoskings’ 18-month-old twins while they were out shopping with Marie at Newmarket, a popular shopping area in Auckland, New Zealand. New Idea! magazine (New Idea) (defendant) planned to publish Runting’s photos alongside an article about the Hoskings’ separation. The Hoskings sued to enjoin publication of the photos, arguing that the publication would be a breach of privacy. New Idea and Runting countered, arguing that there was no breach of privacy because the Hoskings were public figures, and the photos were newsworthy. The trial court denied the Hoskings’ application, holding that New Zealand did not recognize a common-law right of privacy and that there could not be a breach of privacy without an underlying right of privacy. On appeal, the appellate court held that New Zealand did recognize a common-law breach-of-privacy tort but that the Hosking’s breach-of-privacy claim failed because there was no reasonable expectation of privacy on a public street and because the photos related to a matter of legitimate public concern, namely the Hoskings’ separation. The Hoskings appealed to the New Zealand Court of Appeal.