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Criminal Procedure Act 2011

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

203: Automatic suppression of identity of complainant in specified sexual cases

You could also call this:

"Protecting the person who reports a serious sexual offence by keeping their identity secret"

Illustration for Criminal Procedure Act 2011

If you are accused or convicted of certain sexual offences against sections 128 to 142A or 144A of the Crimes Act 1961, this law applies to you. The purpose of this law is to protect the person who made the complaint. You cannot publish the name, address, or occupation of the complainant unless they are 18 years or older and the court allows it by making an order.

The court will make this order if the complainant is 18 years or older, applies for the order, and the court is satisfied they understand what they are doing. The court must also be sure that publishing the complainant's identity will not lead to the identification of the person charged with or convicted of the offence, unless an order has already been made to stop publishing that person's identity under section 200.

If the court makes an order to allow publication of the complainant's identity, this order will stop if publishing the complainant's identity might reveal who is charged with or convicted of the offence. This happens when the charged or convicted person applies for an order under section 200 to stop their identity being published, 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=DLM3360350.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support
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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."

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204: Automatic suppression of identity of child complainants and witnesses, or

"Protecting the identity of young people in court cases"

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

203Automatic suppression of identity of complainant in specified sexual cases

  1. This section applies if a person is accused or convicted of an offence against any of sections 128 to 142A or 144A 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 the complainant, unless—

  4. the complainant is aged 18 years or older; and
    1. the court, by order, permits such publication.

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

      2. the 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 understands the nature and effect of his or her decision to apply to the court for the order; and
            1. in any case where publication of the identity of the complainant may lead to the identification of the person who is charged with or convicted of the offence, no order or further order has been made under section 200 prohibiting publication of the identity of that person.

              1. An order made under subsection (3)(b) ceases to have effect if—

              2. publication of the identity of the complainant may lead to the identification of the person who is charged with or convicted of the offence; and
                1. that person 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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