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Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Sittings of Summary Appeal Court

139: Summary Appeal Court may limit scope of open court

You could also call this:

"The court can keep some things secret to keep people safe."

Illustration for Armed Forces Discipline Act 1971

You are in a court called the Summary Appeal Court. The court can make some orders to limit what people can see or hear. This can happen if the court thinks something said in court might help an enemy or harm New Zealand. You might not be able to report on what happens in court. The court can also stop people from saying someone's name if it might hurt them. Some people are always allowed in court, like the person in charge of prosecutions or the appellant's lawyer. The court can make these orders for a little while or forever. It can also change its mind and let people back in or make the order permanent. If the court makes an order to keep someone out, it's only because it thinks it's necessary for justice, public morality, or to protect someone's reputation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098443.

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Part 5ASummary Appeal Court of New Zealand
Sittings of Summary Appeal Court

139Summary Appeal Court may limit scope of open court

  1. In any proceedings in the Summary Appeal Court, the court may make any of the orders specified in subsection (2) limiting the scope of open court if the court considers that—

  2. a statement may be made or evidence given in the course of those proceedings that might lead to the disclosure of information that would or might—
    1. be directly or indirectly useful to the enemy or any foreign country; or
      1. be otherwise harmful to New Zealand; or
      2. the making of the order—
        1. is necessary in the interests of justice; or
          1. is desirable in the interests of public morality; or
            1. is necessary for the protection of the reputation of a victim of an alleged sexual offence or offence of extortion.

            2. The orders referred to in subsection (1) are as follows:

            3. an order forbidding publication of any report or account of the whole or any part of the proceedings, including any evidence adduced or submissions made:
              1. an order forbidding the publication of the name of any person connected, whether as a witness or otherwise, with the proceedings or of any name or particulars likely to lead to the identification of that person:
                1. an order excluding all or any persons, except the following:
                  1. the Director of Military Prosecutions or any person acting on behalf of the Director:
                    1. the appellant’s counsel:
                      1. the Registrar or any other officer of the Summary Appeal Court:
                        1. an interpreter required in the proceedings:
                          1. a person expressly permitted by the Summary Appeal Court to be present.

                          2. However, the Summary Appeal Court may make an order specified in subsection (2)(c) that has the effect of excluding any accredited news media reporter from the proceedings only on the grounds specified in subsection (1)(a), but not on any of the grounds specified in subsection (1)(b).

                          3. An order specified in subsection (2)—

                          4. may be made for a limited period or permanently; and
                            1. if it is made for a limited period, may be renewed for a further period or periods or made permanent by the Summary Appeal Court at any time; and
                              1. if it is made permanently, may be reviewed by the Summary Appeal Court at any time.

                                Notes
                                • Section 139: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).