Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by court order from persons 18 and over

14: Prohibition against publication of name of respondent

You could also call this:

"Don't publish the respondent's name without permission"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When someone applies under section 13, you must not publish the respondent's name. You must not publish any details that could identify the respondent. This rule does not apply if a District Court Judge or a High Court Judge says you can publish the name, or if the respondent is charged with the offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369070.

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13: Application for order authorising taking of bodily sample, or

"Asking a judge for permission to take a bodily sample from someone suspected of a serious crime"


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15: Information may be withheld from respondent, or

"A court can keep some information secret to keep people safe or help solve crimes."

Part 2Obtaining bodily samples from suspects
Obtaining bodily sample by court order from persons 18 and over

14Prohibition against publication of name of respondent

  1. Where an application is made under section 13, no person shall publish, in any report or account relating to any proceedings on that application, the name of the respondent, or any name or particulars likely to lead to the identification of the respondent, unless—

  2. a District Court Judge or a High Court Judge, by order, permits such publication; or
    1. subject to subsection (2), at the time of the publication of the report or account, the respondent is charged with the offence to which the application relates, or a related offence.
      1. Nothing in subsection (1)(b) applies where there is in force in respect of the respondent, in relation to the offence to which the application relates or a related offence, any order of any court the effect of which is to prohibit the publication of any name or particulars likely to lead to the identification of the respondent.

      2. Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings.

      Notes
      • Section 14(1)(a): amended, on , by section 115 of the Courts Matters Act 2018 (2018 No 50).
      • Section 14(1)(a): amended, on , by section 37 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).