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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22557
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a brother who has worked SPCA 20 years he homes all

Customer Question

I have a brother who has worked for the SPCA for over 20 years he homes all the dogs that cannot find homes and keeps them safe. Two of the dogs he had needed to be groomed so he took them to a local groomer who took photo's of them then when onto trademe and has been stating that this hoarder has 30 dogs all neglected and it is cruelty and has also said that she put the notice up on the community board as she did not know what to do about the cruelty. This lady has never been to his house and he has only 10 dogs. It was also said that the dogs had irritated skin and an eye infection but they were taken to the vet after the grooming and the vet has said that there was no eye infection but the skin was a bit irritated due to the close shave. Can this person be done for slander
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

She can be sued for defamation. This was careless at the best and he would be entitled to bring a claim for the damage to his reputation. Usually this starts with a letter from a lawyer asking her to retract and apologise or she will be sued. If she refuses then he could bring a claim in the District Court and may have to pay damages and costs

Customer: replied 1 year ago.
Thanks for the reply has she broken the law by also taken photo's of the dogs she has groomed I also forgot to tell you that she did not put his name but everyone knows who it is
Expert:  Chris The Lawyer replied 1 year ago.

This isn't a crime but could be a privacy issue where he could make a complaint to the Privacy Commissioner

Customer: replied 1 year ago.
Does it make a difference even though a name wasn't mentioned but all in the town know who it is
Customer: replied 1 year ago.
could I have an answer re my last question
Expert:  Chris The Lawyer replied 1 year ago.

If he can be identified by photo then he can still claim for defamation

Customer: replied 1 year ago.
there have been no photo's to date put up but it is a small town and only a few people work with the spca and as my brother is the chairman everyone knows who he is and the groomer also who put up the post showed her friends the photo's of the dogs and would have said who was minding them.
Expert:  Chris The Lawyer replied 1 year ago.

You can make a case that it is obvious who this was intended to defame by the groomer, because if you get someone to say that he was easily identified, then that would be enough to make a court case for defamation. If the post clearly is about him, and she placed this post, she will be liable

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