Suppressed material must not be published. Material may be suppressed by way of statutory provision, an existing order of the court or a lower court, or an order made in the course of delivering judgment. It is your responsibility to take all necessary steps to prevent publication of suppressed material.
The following is a guide on those statutory provisions that prohibit the publication of certain information in certain circumstances. It is intended as a guide only; exceptions may apply.
Section 7 of the Contempt of Court Act 2019(external link) states that where a person has been arrested for or charged with a category 3 or 4 offence, it is an offence to intentionally publish or disseminate information that creates a real risk of prejudice to their right to a fair trial. This applies until the person is not charged, pleads guilty or the jury delivers its verdict, or the charge is disposed of, or a judge-alone trial starts. Section 8(external link) explains how the Court determines whether publication creates a real risk. For example, the Court may consider whether the material comments on the credibility of witnesses.
Section 199C of the Criminal Procedure Act 2011(external link) allows the Court to itself make an order forbidding publication of trial-related information.
Section 199A(external link) of the same Act prohibits publication of details of the previous convictions of a defendant during the proceeding for a category 3 or 4 offence, unless the Court gives permission. Section 9(external link) of the Contempt of Court Act and ss 199B(external link) and 199D(external link) of the Criminal Procedure Act allow the Court to order a person to take down or disable access to prejudicial information under their control.
Section 203(external link) of the Criminal Procedure Act provides that the name, identifying particulars, address or occupation of any person against whom sexual offending has been or is alleged to have been committed must not be published.
Section 201(external link) of the same Act says that the name, identifying particulars, address or occupation of a person accused or convicted of incest or sexual conduct with a dependent family member must not be published.
For proceedings commenced prior to this date, see s 139 of the Criminal Justice Act 1985(external link). Note the law under the Criminal Justice Act is substantively the same as that in the Criminal Procedure Act, although the details of the exceptions applicable under each Act differ.
Section 204(external link) of the Criminal Procedure Act provides that the name, identifying particulars, address or occupation of a complainant or witness under 18 years of age must not be published.
This prohibition does not apply to a child who dies as a result of the offending.
For proceedings commenced prior to this date, see s 139A of the Criminal Justice Act 1985(external link). Section 139A provides for a prohibition on publishing the name or identifying particulars of a witness under the age of 17 years. There is no specific protection for child complainants.
Section 111(external link) of the Evidence Act 2006 provides that if a pre-trial witness anonymity order is made, no person may publish, in any report or account relating to the proceeding, the name, address or occupation of the witness, or any other particulars likely to lead to the witness’s identification.
Section 113(external link) of that Act provides that if a witness anonymity order has been made, no person may publish, in any report or account relating to the proceedings, the name, address or occupation of the witness or any other particulars likely to lead to the witness’s identification.
Section 438 of the Oranga Tamariki Act 1989(external link) provides that no person shall publish any report of proceedings commenced in the Youth Court against a child or young person, except with leave of the Court that heard the proceeding. This prohibition does not apply to proceedings that are transferred from the Youth Court to the High Court. It applies only to proceedings before the Youth Court and appeals from the Youth Court.
Section 63(external link) of the Criminal Procedure Act provides that information about a request for a sentence indication or a sentence indication that has been given must not be published. This prohibition lasts only until the defendant has been sentenced or the charge has been dismissed.
Section 14(external link) of the Criminal Investigations (Bodily Samples) Act 1995 provides that when an application is made for an order authorising the taking of a bodily sample from a suspect of or over the age of 17 years, no person shall publish in any report or account relating to any proceedings on that application, the name of the respondent [suspect] or any name or particulars likely to lead to the respondent’s identification.
Section 19(external link) of that Act also provides that when applications are made for an order authorising the taking of a bodily sample from a suspect under the age of 17 years, no person shall publish, in any report or account relating to any proceedings on the application, the name of the respondent [suspect] or the parents or any person having the care of the respondent, or any other name or particulars likely to lead to the respondent’s identification.
Section 13 of the Criminal Records (Clean Slate) Act 2004(external link) provides that if:
the name of the applicant or appellant or any particulars leading to their identification must not be published in any report or account of the proceedings.
Section 19 of the Bail Act 2000(external link) provides that no person may publish a report of any matters dealt with at a bail hearing, apart from the identity of the defendant applying for bail, the charges faced by that defendant, the decision of the court on that application and, if bail is granted, the conditions of bail.
The prohibition on publication lasts until the conclusion of the defendant’s trial or any earlier time ordered by the court. The “conclusion of the defendant’s trial” means the expiry of any period for an appeal of the decision or verdict at the trial, or if the decision or verdict is appealed, the date on which the appeal is finally determined or withdrawn.
Note the court may alter this prohibition under s 19(2) Bail Act to:
Ensure you read any reminder notice on the front page of the judgment to understand any restrictions.
Section 107G(10) of the Parole Act 2002(external link) provides that Subpart 3(external link) of Part 5 of the Criminal Procedure Act 2011 (which relates generally to name suppression) applies, with all necessary modifications, to the hearing of an application for an extended supervision order, as if the hearing were a proceeding in respect of an offence under any of sections 128 to 142A of the Crimes Act 1961(external link).
Section 11B of the Family Court Act 1980(external link) provides that a person may not, without the leave of the court, publish a report of Family Court proceedings that includes identifying information where either a person under the age of 18 or a vulnerable person is the subject of, party to, applicant in, or referred to in the proceedings.
Section 11C(external link) defines the meaning of identifying information and s 11D(external link) defines the meaning of vulnerable person.
Sections 11B-11D apply to any proceedings commenced under the following statutes: Adoption Act 1955(external link); Care of Children Act 2004(external link); Child Support Act 1991(external link); Oranga Tamariki Act 1989(external link), in respect of applications for continued detention in a secured facility, applications relating to the care and protection of children and young persons, and applications relating to the trans-Tasman transfer of protection orders and protection proceedings; Domestic Violence Act 1995(external link);1 Family Violence Act 2018(external link);2 Family Proceedings Act 1980(external link); Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003(external link); Mental Health (Compulsory Assessment and Treatment) Act 1992(external link); Property (Relationships) Act 1976(external link); and Protection of Personal and Property Rights Act 1988(external link).
See also the Ministry of Justice resource Restriction on Publishing Judgments. link to - https://www.justice.govt.nz/family/about/restriction-on-publishing-judgments/
Section 151 of the Immigration Act 2009(external link) provides that:
Section 22 of the Contempt of Court Act 2019(external link) makes it an offence for a person to publish false statement about a Judge or court, if the person knew or ought reasonably to have known that the statement could undermine public confidence in the court, and there is a real risk it could do so. Section 24(external link) allows the Court to order any person to take down or disable access to any such information under their control.
Section 14I of the Transport Accident Investigation Commission Act 1990(external link) provides that no person may publish any report of an application for disclosure of:
without leave of the court.
1 For proceedings commenced before 1 July 2019.
2 For proceedings commenced on or after 1 July 2019.
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