Contempt of Court Act 2019

Provisions to promote and facilitate administration of justice - Prohibiting publication of certain criminal trial information

9: Further provisions applying for purpose of section 7

You could also call this:

"Rules to follow when the court orders information to be removed or hidden"

Illustration for Contempt of Court Act 2019

If you are found guilty of a crime under section 7(2), the court can order someone to remove or stop people from accessing certain information. This can include online content hosts if they have control over the information. The court can make this order to help with the case. You must follow the court's order.

If you knowingly or recklessly do not follow the court's order, you can commit a crime. In this situation, section 211 of the Criminal Procedure Act 2011 applies, which is about suppression orders. This means you can get in trouble for not following the order.

If you fail to follow the court's order, you can also commit a crime. Again, section 211 of the Criminal Procedure Act 2011 applies, but in a slightly different way. This is because the order is treated like a suppression order.

If the court decides to make or not make an order, you can appeal the decision. Subpart 7 of Part 6 of the Criminal Procedure Act 2011 explains how to appeal against suppression orders. This part of the law applies to decisions about orders under subsection (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=LMS150007.


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Part 2Provisions to promote and facilitate administration of justice
Prohibiting publication of certain criminal trial information

9Further provisions applying for purpose of section 7

  1. If a person is convicted of an offence against section 7(2), the court may also order any person (including an online content host) to take down, or disable public access to, the information concerned if it is under the person’s control.

  2. A person who knowingly or recklessly fails to comply with an order made under subsection (1) commits an offence, and section 211 of the Criminal Procedure Act 2011 applies as if the order were a suppression order and the offence were an offence to which section 211(1) of that Act applies.

  3. A person who fails to comply with an order made under subsection (1) commits an offence, and section 211 of the Criminal Procedure Act 2011 applies as if the order were a suppression order and the offence were an offence to which section 211(2) of that Act applies.

  4. Subpart 7 of Part 6 of the Criminal Procedure Act 2011 (appeals against suppression orders) applies to any decision to make or refuse to make an order under subsection (1).