Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - Suppression of names

200: Court may suppress identity of defendant

You could also call this:

"Court can keep your name secret if you're charged with a crime"

Illustration for Criminal Procedure Act 2011

You can go to court and they might stop people from saying your name if you are charged with a crime. The court will only do this if they think it will cause you a lot of trouble or hurt someone else. They might also stop your name from being published if it could hurt a victim or stop a fair trial. You might be a famous person, but that is not a good enough reason for the court to stop people from saying your name. If you are charged with a crime, the court can make a temporary order to stop your name from being published. This order will stop after your next court date, unless the court decides to keep it. When the court is deciding whether to stop your name from being published, they will think about what a victim of the crime wants, as told to the court under section 16B of the Victims' Rights Act 2002. The court can also stop your name from being published if you have been found guilty of a crime against someone, like a sexual offence, as outlined in sections 128 to 142A or section 144A of the Crimes Act 1961. In some cases, the court might need to get permission from a victim before they can stop your name from being published. If there are many victims, the court can only stop your name from being published if all the victims agree, or if some victims cannot be contacted or do not want to be involved. The court order will stop people from saying things that could identify the victims who agreed to the order, but it will not stop people from talking about the crime or the person who was found guilty.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360346.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyCrime and justice > Victim supportRights and equality > Privacy
Previous

199D: Further provisions relating to temporary suppression of trial-related information, or

"Rules about stopping people from talking about a trial"

Next

201: Automatic suppression of identity of defendant in specified sexual cases, or

"Protecting the identity of people accused of certain sexual offences"

Part 5General provisions
Public access and restrictions on reporting: Suppression of names

200Court may suppress identity of defendant

  1. A court may make an order forbidding publication of the name, address, or occupation of a person who is charged with, or convicted or acquitted of, an offence.

  2. The court may make an order under subsection (1) only if the court is satisfied that publication would be likely to—

  3. cause extreme hardship to the person charged with, or convicted of, or acquitted of the offence, or any person connected with that person; or
    1. cast suspicion on another person that may cause undue hardship to that person; or
      1. cause undue hardship to any victim of the offence; or
        1. create a real risk of prejudice to a fair trial; or
          1. endanger the safety of any person; or
            1. lead to the identification of another person whose name is suppressed by order or by law; or
              1. prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or
                1. prejudice the security or defence of New Zealand.

                  1. The fact that a defendant is well known does not, of itself, mean that publication of his or her name will result in extreme hardship for the purposes of subsection (2)(a).

                  2. Despite subsection (2), when a person who is charged with an offence first appears before the court the court may make an interim order under subsection (1) if that person advances an arguable case that one of the grounds in subsection (2) applies.

                  3. An interim order made in accordance with subsection (4) expires at the person's next court appearance, and may only be renewed if the court is satisfied that one of the grounds in subsection (2) applies.

                  4. When determining whether to make an order or further order under subsection (1) that is to have effect permanently, a court must take into account any views of a victim of the offence conveyed in accordance with section 16B of the Victims' Rights Act 2002.

                  5. Subsections (8) and (9) apply—

                  6. in the case of an adult who is convicted of an offence against any of sections 128 to 142A or section 144A of the Crimes Act 1961 or any other offence against a person that the court determines is of a sexual nature; and
                    1. to any order made under subsection (1) other than an interim order.

                      1. The court may make an order under subsection (1) without the agreement of the complainant only if the court is satisfied that the complainant—

                      2. is unable or unwilling to engage with the matter; or
                        1. despite all reasonable efforts, cannot be contacted.

                          1. If the case specified in subsection (7)(a) involves more than 1 complainant,—

                          2. the court may make an order under subsection (1) only in respect of the complainants who—
                            1. have agreed to the making of the order; or
                              1. are described in subsection (8)(a) or (b); and
                              2. the order—
                                1. must provide that nothing may be published that could identify the complainants who agreed to the making of the order or who are described in subsection (8)(a) or (b), including (without limitation) the charges involved in the case; and
                                  1. must not prevent the identification of the person convicted or the offence for which the person was convicted in relation to any complainant who disagreed with the making of the order.

                                  Compare
                                  Notes
                                  • Section 200(6): amended, on , by section 46 of the Rights for Victims of Insane Offenders Act 2021 (2021 No 55).
                                  • Section 200(7): inserted, on , by section 7 of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).
                                  • Section 200(8): inserted, on , by section 7 of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).
                                  • Section 200(9): inserted, on , by section 7 of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).