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A Sunday newspaper's decision not to print a lengthy piece of religious writing as an advertisement has been backed by the Court of Appeal.
The court threw out an attempt to sue the Sunday Star-Times for $5m.
David Edward Coxhead and his House of David Healing Centre Trust had tried to sue the paper's publisher Fairfax New Zealand after it declined to print the full-page advertisement.
The Court of Appeal described the advertisement as a "lengthy piece of religious writing setting out a new Covenant for Mankind, in seven parts".
Mr Coxhead, who died earlier this year, claimed Fairfax's refusal to publish breached contract, copyright and human rights legislation, and took his case to the High Court, which struck out his claim.
He then proceeded to the Court of Appeal which has now ruled Mr Coxhead signed Fairfax's standard advertising contract, which allowed them to refuse to publish any advertisement without giving a reason.
Fairfax had told the court the advertisement was "lengthy, unsuitable, poorly written, and likely to be considered offensive by some readers of the newspaper".
Despite Mr Coxhead's death, the Court of Appeal said it had to make a ruling to get the case off its own books, and to settle the matter for Fairfax and Mr Coxhead's estate.
- NZPA
