Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Judicial Conduct Panel

30: Restrictions on publication

You could also call this:

"Rules to stop people sharing certain information about court cases"

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

If you are part of a Judicial Conduct Panel, you can make orders to stop people publishing certain information. You can stop them publishing reports of the proceedings, or parts of books and documents used in the hearing. You can also stop them publishing the name of the Judge or other people involved. If you make an order, it stays in place until you say it can be lifted, or until someone applies to have it lifted under section 31. You can apply to have the order lifted at any time. If the Panel is no longer functioning, you can apply to the Court of Appeal instead. If you break an order, you can be fined up to $3,000 if you are an individual, or up to $10,000 if you are a company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293713.

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30Restrictions on publication

  1. If a Judicial Conduct Panel is of the opinion that it is proper to do so, having regard to the interest of any person (including, without limitation, the privacy of the complainant) and to the public interest, the Panel may make any 1 or more of the following orders:

  2. an order prohibiting the publication of any report or account of any part of the proceedings before the Panel, whether held in public or in private:
    1. an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing:
      1. an order prohibiting the publication of the name or any particulars of the affairs of the Judge concerned or any other person.
        1. An order made under subsection (1) continues in force—

        2. until the time specified in the order; or
          1. if no time is specified in the order, until revoked under subsection (3) or section 31.
            1. Any person may, at any time, apply to a Panel for an order revoking, in whole or in part, an order made by it under subsection (1), and the Panel may grant or refuse the application as the Panel thinks fit.

            2. If a person is unable to apply to the Panel for an order under subsection (3) because the Panel has ceased to function, the person may apply to the Court of Appeal for an order revoking, in whole or in part, an order made by the Panel under subsection (1).

            3. A person commits an offence if he or she acts in contravention of any order made under this section by a Panel.

            4. A person who commits an offence against subsection (5) is liable on conviction,—

            5. in the case of an individual, to a fine not exceeding $3,000:
              1. in the case of a body corporate, to a fine not exceeding $10,000.
                Compare
                Notes
                • Section 30(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).