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Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - Power to clear court

198: Exception for members of media

You could also call this:

"Journalists can stay in court even if others are asked to leave"

Illustration for Criminal Procedure Act 2011

When a court makes an order to clear the court, this order does not apply to members of the media, except in certain situations. You are considered a member of the media if you are in court to report on what is happening and you work for an organisation that follows a code of ethics and has a complaints procedure with the Broadcasting Standards Authority or the Press Council. If you are reporting on the court case with the court's permission, you are also considered a member of the media, and the order to clear the court does not apply to you, unless it is about the security or defence of New Zealand as set out in section 197(2)(a)(ii).

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Topics:
Crime and justice > Courts and legal help
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197: Power to clear court, or

"The court can ask some people to leave the room to keep everyone safe and the trial fair."

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198A: Hearing may be conducted by audiovisual link or audio link, or

"Court hearings can be held using video or phone links so people can join in from elsewhere."

Part 5General provisions
Public access and restrictions on reporting: Power to clear court

198Exception for members of media

  1. An order under section 197 may not exclude members of the media except on the ground set out in section 197(2)(a)(ii) (which relates to the security or defence of New Zealand).

  2. For the purposes of this section, member of the media means—

  3. a person who is in the court for the purpose of reporting on the proceedings and who is either subject to or employed by an organisation that is subject to—
    1. a code of ethics; and
      1. the complaints procedure of the Broadcasting Standards Authority or the Press Council; or
      2. any other person reporting on the proceedings with the permission of the court.

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