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Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - General provisions relating to suppression orders

209: Publication by or at request of Police, etc

You could also call this:

"Police can share your information to catch you if you've escaped or missed court"

If you have escaped from prison or failed to go to court when you were supposed to, the Police can share some information about you to help catch you. This information can include your name, address, and job, and it can be shared even if the law usually says it must be kept secret. The Police can share this information to help get you back into custody.

If some information about you is usually kept secret, it can still be shared with certain people, like those helping with your sentence or rehabilitation. It can also be shared with Police employees, or staff from the Department of Corrections or the Ministry of Justice, if they need it for their work. Some information can be shared with agencies or people involved in cases about child protection, as outlined in the Child Protection (Child Sex Offender Government Agency Registration) Act 2016, following sections 43 to 45 of that Act.

Information can also be shared with lawyers or representatives acting for you or someone else involved in your case. It can be shared with people who are deciding whether to start a prosecution against you, or who are already working on your case. This is all allowed even if the law usually says the information must be kept secret, as stated in sections 199A to 205 and sections 200 to 205.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360360.

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208: Duration of suppression order and right of review, or

"How long a court's secrecy rule lasts and when it can be changed"

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210: Standing of members of media, or

"Rules for reporters in court"

Part 5General provisions
Public access and restrictions on reporting: General provisions relating to suppression orders

209Publication by or at request of Police, etc

  1. If a person has escaped from lawful custody or has failed to attend any court when lawfully required to do so,—

  2. nothing in sections 200 to 205 prevents the publication by or at the request of any Police employee of the name, address, or occupation of that person if that publication is made for the purpose of facilitating that person’s recapture or arrest; and
    1. nothing in sections 199A to 199D prevents publication by or at the request of any Police employee of any information suppressed under those provisions if that publication is made for the purpose of facilitating that person’s recapture or arrest.

      1. Nothing in sections 199A to 205 prevents publication of any suppressed information to—

      2. any person assisting with the administration of the sentence imposed on the person or with the rehabilitation of the person; or
        1. any Police employee, or any officer or employee of the Department of Corrections or of the Ministry of Justice, who requires the information for the purposes of his or her official duties; or
          1. any specified agency, corresponding Registrar, corresponding overseas agency, or affected person within the meaning of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 in accordance with sections 43 to 45 of that Act; or
            1. any person who is conducting or proposing to conduct a public prosecution against the person for an offence, and who requires the information for the purposes of—
              1. deciding whether or not to commence proceedings; or
                1. conducting that public prosecution; or
                2. a lawyer acting for the defendant or for a co-defendant, or a representative acting for a defendant who is a corporation.

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                  Notes
                  • Section 209(1): replaced, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).
                  • Section 209(2): amended, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).
                  • Section 209(2)(ba): inserted, on , by section 60 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (2016 No 42).
                  • Section 209(2)(d): inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).