A woman who was filmed by her partner's friend while she was in the bathroom could be entitled to damages, a High Court judge has ruled.
The woman, whose name is suppressed, was filmed on two occasions in December 2010 and January 2011 by Greg Holland, who had hidden a hand-held camera in the ceiling of his home.
The videos were stored on an external hard drive and subsequently discovered by the woman's partner, who handed them over to police.
Holland pleaded guilty to a charge of making an intimate visual recording and was ordered in January 2011 to pay $1000 in reparation for emotional harm.
He was then discharged without penalty.
However, in a decision released on Wednesday, Justice Christian Whata has ruled the woman's privacy was invaded and damages should be considered.
The woman's lawyer Steve Rollo has told NZ Newswire the case is a landmark one, because it recognises that it's a breach of privacy to intrude into someone's private space, which had not previously been established under New Zealand law.
"It's a novel case and it's a landmark decision in that respect," he said.
Mr Rollo would not comment on how much damages is being sought.
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