Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against personal privacy - Intimate visual recordings

216M: Effect of appeal on order made under section 216L

You could also call this:

“What happens to a court order about private filming when someone appeals their conviction”

If you’re found guilty of making, sharing, or having intimate visual recordings, a judge might make an order about those recordings. However, this order won’t start right away. The order is put on hold until the time for filing an appeal has passed. This time is set by the Criminal Procedure Act 2011 or the Crimes Act 1961.

If you file an appeal within the allowed time, the order stays on hold until your appeal is decided. If you ask for permission to appeal within the allowed time, the order stays on hold until a decision is made about letting you appeal. If you’re allowed to appeal, the order stays on hold until your appeal is decided.

When the appeal is being decided, the court can choose to cancel the original order or change it. This means the court looking at your appeal has the power to say the original order shouldn’t happen at all, or to make changes to it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329879.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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216L: Disposal and forfeiture, or

“The court can order the destruction of illegal recordings and the seizure of equipment used to make them.”

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216N: Protection from liability, or

“ People doing certain jobs can handle sensitive photos or videos without getting in trouble with the law. ”

Part 9A Crimes against personal privacy
Intimate visual recordings

216MEffect of appeal on order made under section 216L

  1. If any person is convicted of an offence against section 216H or section 216I or section 216J, and any order is made under section 216L, the operation of the order is suspended,—

  2. in any case, until the expiration of the time prescribed in the Criminal Procedure Act 2011 or this Act for the filing of a notice of appeal or an application for leave to appeal; and
    1. if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
      1. if the application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.

        1. If the operation of any order is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order.

        Notes
        • Section 216M: inserted, on , by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).
        • Section 216M(1)(a): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).