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Criminal Procedure Act 2011

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

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

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are accused of a sexual offence under section 130 or 131 of the Crimes Act 1961, the court protects the privacy of the person who made the complaint. The court does this to support the complainant's autonomy in connection with publishing details of the person accused. You cannot publish the name, address, or occupation of the accused person unless the court allows it. The court will allow publication if the complainant is 18 years or older and applies for it under the Criminal Procedure Rules 2012. The court must be satisfied the complainant understands their decision. The court also considers the complainant's views on publishing the accused person's details. If the accused person applies for an order to prohibit publication of their identity under section 200, the court's earlier order may cease to have effect. This happens if the court makes a new order prohibiting publication of the accused person's identity. The court's decisions are made to balance the rights of all parties involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360347.

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Crime and justice > Courts and legal helpCrime and justice > Police and safetyRights and equality > Privacy
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Part 5General provisions
Public access and restrictions on reporting: Suppression of names

201Automatic suppression of identity of defendant in specified sexual cases

  1. This section applies if a person is accused or convicted of an offence against section 130 or 131 of the Crimes Act 1961.

  2. The purpose of this section is to protect the complainant’s privacy and support the complainant’s autonomy in connection with the publication of the details of a person accused or convicted of an offence referred to in subsection (1).

  3. No person may publish the name, address, or occupation of a person accused or convicted of an offence mentioned in subsection (1) unless the court, by order, permits that publication.

  4. The court must make an order referred to in subsection (3) if—

  5. the complainant (or, if there were 2 or more complainants, each complainant)—
    1. is aged 18 years or older (whether or not he or she was aged 18 years or older when the offence was, or is alleged to have been, committed); and
      1. applies to the court for such an order in accordance with the Criminal Procedure Rules 2012; and
      2. the court is satisfied that the complainant (or, as the case requires, each complainant) understands the nature and effect of his or her decision to apply to the court for the order; and
        1. no order or further order has been made under section 200 prohibiting publication of the identity of the person convicted of the offence.

          1. The court, when determining whether to make an order under subsection (3), must take into account any views of the complainant (or, if there were 2 or more complainants, each complainant) in respect of the publication of the details of the person accused or convicted of an offence referred to in subsection (1).

          2. An order made under subsection (4) ceases to have effect if—

          3. the person convicted of the offence applies to a court for an order or further order under section 200 prohibiting publication of his or her identity; and
            1. the court makes the order or further order under section 200.

              Compare
              Notes
              • Section 201(2): replaced, on , by section 8(1) of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).
              • Section 201(4)(a)(ii): replaced, on , by section 8(2) of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).
              • Section 201(4A): inserted, on , by section 8(3) of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 (2025 No 36).