HDCA Takedown Policy
Notice of Complaint under the Harmful Digital Communications Act 2015Instructions: This form imposes strict requirements to protect bloggers from frivolous or unsupported complaints. Every section must be completed with precise, detailed, and verifiable information. Incomplete, vague, or unsubstantiated submissions will be automatically rejected without review. The complainant is solely responsible for proving the content's harmfulness under New Zealand law, and failure to meet these elevated standards will result in dismissal.Complainant's DetailsFull Legal Name:
Provide your full legal name as it appears on a government-issued ID. Nicknames or incomplete names are not accepted.Telephone Number:
Provide a verifiable landline or mobile number, active during 9 AM–5 PM NZDT, where you can be reached for verification.Physical Address:
Provide a full street address in New Zealand, including suburb, city, and postcode. PO Boxes are not permitted.Email Address:
Provide a professional email address linked to your legal name. Generic or temporary emails will not be accepted.Are you the affected individual?If you are not the affected individual, provide:Legal Relationship:
e.g., Parent with custody, Court-Appointed Guardian, Lawyer with Power of Attorney. General relationships like "friend" are insufficient.Affected Individual's Full Legal Name:
Provide their full legal name as per ID.Affected Individual's Contact Details:
Provide their phone, address, and email. Must be independently verifiable.Proof of Authority:
Attach a certified copy of legal documentation proving your authority to act, e.g., guardianship order.Specific Content DetailsExact URL of the Content:
Provide the full, functional URL linking directly to the content, e.g., https://exampleblog.co.nz/post-title/#comment-123. General site links or broken URLs will result in rejection.Author's Name or Pseudonym:
Provide the exact name or pseudonym as it appears on the content. "Unknown" requires an affidavit explaining why identification efforts failed.Date and Time Posted:
Provide the precise date and time in NZDT, e.g., 15 October 2024, 14:30. Estimates or missing timestamps invalidate the complaint.Verbatim Transcript of the Content:
Provide the full, unedited text of the content verbatim, or a detailed description of non-text elements (e.g., images/videos) with timestamps. Attach unedited screenshots or recordings; edited evidence is inadmissible.Legal Grounds for ComplaintCritical Note: Complaints must meet an elevated threshold of proof. You must demonstrate, with specific evidence and legal reasoning, that the content is either (1) explicitly unlawful under New Zealand law or (2) breaches an HDCA communication principle AND has caused severe, documented harm.Option 1: The content is unlawfulExact Legal Provision Breached:
Cite the specific section of New Zealand law, e.g., "Section 22(1)(a) of the HDCA" or "Section 24 of the Defamation Act 1971." General references like "defamation" are insufficient.Detailed Legal Analysis:
Provide a 200–500 word explanation detailing how the content violates this law. Include case law references, statutory definitions, and factual evidence linking the content to the breach.Supporting Precedents:
Cite at least one relevant New Zealand court decision supporting your claim, including case name, year, and key findings.Option 2: The content breaches HDCA communication principlesPrinciple(s) Breached:
Select from the list above by number, e.g., "Principle 2." Multiple selections require separate justifications.Detailed Breach Analysis:
For each principle, provide a 200–500 word explanation of how the content breaches it. Include verbatim excerpts, context, and a legal argument aligning with HDCA standards.Evidence of Severe Harm:
Provide a sworn affidavit (notarized by a Justice of the Peace) detailing severe emotional distress, supported by medical or psychological reports from a registered professional. General upset or unverified claims are insufficient.Supporting EvidenceMandatory Attachments:
Provide at least three forms of evidence, e.g., screenshots, archived webpages (via archive.org), or video files. Each must be timestamped, unedited, and labeled with a description.Witness Testimony:
Provide notarized statements from at least two independent witnesses, including their full names, addresses, and contact details, corroborating the harm or breach.Chain of Custody:
Submit a signed statement detailing how evidence was obtained and preserved to ensure authenticity.Consent and PreconditionsConsent to Identity Disclosure:
If "No," provide a 200-word justification for anonymity; anonymous complaints are rarely processed.Justification for Anonymity (if applicable):Prior Resolution Attempts:
Provide documented evidence of at least two attempts to resolve the issue directly with the blogger, including dates, methods (e.g., email), and responses received.Legal Consultation:
Attach a signed letter from a New Zealand-qualified lawyer confirming they have reviewed your complaint and believe it has merit.Declaration Under PenaltyI, , swear under penalty of perjury that all information provided is true, accurate, and complete. I understand that false statements may lead to legal consequences, including prosecution under the Crimes Act 1961.Signature:
Date:Signature to be notarized by a Justice of the PeaceSubmission ProcessSubmit this form and all attachments in hard copy, via registered post, to the blog's HDCA contact (as listed in their policy). Electronic submissions are not accepted unless explicitly permitted by the blog. Incomplete submissions will be returned without review.Final Warning: This process is intentionally rigorous to deter frivolous complaints. For guidance, contact Netsafe at or 0508 638 723, though they cannot assist with form completion. Form generated for Notice of Complaint under the Harmful Digital Communications Act 2015