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Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - Temporary suppression of trial-related information

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

You could also call this:

"Rules about stopping people from talking about a trial"

Illustration for Criminal Procedure Act 2011

The court can make an order to stop people talking about a trial at any time after the trial starts. You can read more about this in section 199C. The court can also limit what information is stopped from being shared.

When the court makes an order to stop information from being shared on a website, it can ask the person hosting the website to only remove specific information. The person hosting the website should be told about the order and given a chance to talk to the court. This should happen whenever it is reasonably possible.

An order to stop information from being shared usually ends when the person on trial is found guilty or not guilty, or when the charge is dealt with in some other way. You can read more about when orders usually end in section 208(1) or (2), but this rule is different for orders made under section 199C(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS409656.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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199C: Court may temporarily suppress trial-related information, or

"Court can keep some information secret to help you have a fair trial"

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Part 5General provisions
Public access and restrictions on reporting: Temporary suppression of trial-related information

199DFurther provisions relating to temporary suppression of trial-related information

  1. The court may make an order under section 199C at any time after the proceeding is commenced.

  2. The court may limit the effect of an order under section 199C by ordering a person who hosts material on a website or other electronic retrieval system that can be accessed by a user to only take down or disable access to specific information on that website or electronic retrieval system.

  3. Whenever reasonably practicable, the person who hosts the material must be—

  4. served with the application for an order or notified that the court is considering making an order under subsection (2); and
    1. given an opportunity to be heard by the court.

      1. Despite section 208(1) or (2), an order made under subsection (2) or section 199C(1) expires when the defendant is convicted or acquitted, or the charge is otherwise disposed of.

      Notes
      • Section 199D: inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).