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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 crimes"

Illustration for Criminal Procedure Act 2011

If you are accused or convicted of a crime against section 130 or section 131 of the Crimes Act 1961, this law applies to you. The purpose of this law is to protect the person who made the complaint. Nobody can publish your name, address, or occupation unless a court says they can.

The court will let someone publish your name, address, or occupation if the person who made the complaint is 18 years or older and asks the court to let them do so. The court must also be sure the person who made the complaint understands what they are asking for. The court will not let someone publish your name, address, or occupation if there is already an order to stop them from doing so under section 200.

If the court does let someone publish your name, address, or occupation, this permission will stop if you ask the court to stop them from doing so under section 200 and the court agrees.

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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.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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200: Court may suppress identity of defendant, or

"The court can keep a person's identity secret if sharing it would cause them big problems or danger."

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202: Court may suppress identity of witnesses, victims, and connected persons, or

"The court can keep secret the names of witnesses, victims, and others involved in a court case to keep them safe."

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.

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

          2. 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.

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