Plain language law

New Zealand law explained for everyone

Contempt of Court Act 2019

Provisions to promote and facilitate administration of justice - Provisions relating to juries

15: Exceptions to section 14

You could also call this:

"When you can share jury secrets without breaking the law"

Illustration for Contempt of Court Act 2019

If you share information about a jury's discussions, you might not be breaking the law. This is because there are some exceptions to the rule in section 14(1). You can share this information if a court asks you to, or if you are talking to a doctor about your time on a jury. You can also share this information if a judge says it is okay, or if you are doing research about juries.

If you think someone has broken the law by sharing information about a jury, you can tell certain people about it. These people include the Solicitor-General, a Police employee, the prosecutor, or a lawyer for the defendant. When you tell them, you can share what the jury said or did during their discussions.

The people you tell can only share this information with others if they are trying to figure out if a law was broken or if a juror did something wrong. A health practitioner is someone who helps people with their health, like a doctor or a nurse, and this has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS183155.

Topics:
Crime and justice > Courts and legal helpRights and equality > Privacy
Previous

14: Offence to disclose jury deliberations, or

"Don't share what happens in jury discussions or you can get in trouble with the law."

Next

16: Certain court orders and undertakings may be enforced, or

"The court can make you follow its rules and punish you if you don't."

Part 2Provisions to promote and facilitate administration of justice
Provisions relating to juries

15Exceptions to section 14

  1. It is not an offence against section 14(1) if the information—

  2. is sought by, or disclosed to, the court in the course of the performance of the jury’s functions; or
    1. is disclosed to the trial Judge during or after the trial in a complaint or allegation of misconduct by a juror; or
      1. is sought or disclosed by a current or former juror in discussions with a health practitioner who is treating the juror in relation to issues arising out of their jury service; or
        1. is sought or disclosed during or after the trial with the permission of the presiding Judge or the relevant head of bench, including for the purpose of conducting research about juries or jury service; or
          1. is sought or disclosed as directed by a court (including on an appeal); or
            1. is disclosed under subsections (2) to (5).

              1. A person who has reason to believe that an offence against section 14(1) may have been committed in relation to the jury trial, or that the conduct of any juror in the trial may provide grounds for an appeal, may refer the matter to any person referred to in subsection (3).

              2. The persons concerned are—

              3. the Solicitor-General:
                1. a Police employee:
                  1. the prosecutor in the trial:
                    1. a lawyer acting for the defendant.

                      1. The person who refers the matter may disclose to the recipient information about statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in the course of their deliberations.

                      2. A recipient of information under subsection (4) may disclose the information to any other person only for the purpose of considering whether an offence against section 14(1) may have been committed or the conduct of any juror in the trial may provide grounds for an appeal.

                      3. In this section, health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003.