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It is, however, commented (see http:www.crownlaw.govt.nz/ uploads/contempt. pdf) that there appears to be slight shift in the Court of Appeal in Gisborne in respect of balancing both rights. In the court below which heard the case against Gisborne New Herald and other papers in Solicitor General v. Wellington Newspapers Ltd., 1995 (1) NZLR 45, stated (at p.48):

"In the event of conflict between the concept of freedom of speech and the requirements of a fair trial, all other things being equal, the latter should prevail."