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New Zealand law explained for everyone

Contempt of Court Act 2019

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

7: Offence to publish certain criminal trial information

You could also call this:

"Don't share secret info about a court case or you could get in trouble with the law"

Illustration for Contempt of Court Act 2019

If you are arrested or charged with a serious crime, the law tries to make sure you get a fair trial. This means that from the time you are arrested or charged, until the judge or jury decides if you are guilty, some information about your case cannot be shared with the public. You might hear this called a category 3 or category 4 offence.

If someone shares information about your case that could affect the trial, they might be committing an offence. This happens if they share information on purpose, the information is about your trial, and it could stop you from getting a fair trial. The person who shares the information could get in trouble with the law.

If someone is found guilty of sharing this kind of information, they could go to prison for up to six months or get a fine of up to $25,000 if they are an individual. If they are a company, they could get a fine of up to $100,000.

But there is a way for someone to defend themselves if they are accused of sharing this information. They can say that they did not know about your arrest or charge, or that they did not know the information they shared could affect your trial. They have to prove that they took all reasonable care not to share the information.

There is an exception to this rule. If a journalist or reporter shares information about a public hearing, and they do it accurately and honestly, they are not committing an 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=LMS24803.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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6: Act binds the Crown, or

"The government must follow the rules in this law, just like everyone else."

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

7Offence to publish certain criminal trial information

  1. This section applies if a person (person A) is arrested for or charged with a category 3 offence or a category 4 offence, and—

  2. applies from the time of the arrest or charge (whichever happens first) until the delivery of the verdict; and
    1. ceases to apply if—
      1. person A is not charged; or
        1. person A pleads guilty to the offence or a jury delivers a verdict for the offence; or
          1. the charge for the offence is withdrawn, dismissed, stayed, or otherwise disposed of; or
            1. a Judge-alone trial starts for the offence.

            2. A person commits an offence if—

            3. the person intentionally publishes any information; and
              1. the information is relevant to any trial of person A; and
                1. there is a real risk that the publication could prejudice person A’s right to a fair trial.

                  1. A person who commits an offence against subsection (2) is liable on conviction,—

                  2. in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $25,000; or
                    1. in the case of a body corporate, to a fine not exceeding $100,000.

                      1. A person has a defence in a prosecution for an offence against subsection (2) if the person proves that,—

                      2. at the time of the publication of the information and after taking all reasonable care, the person did not know or could not reasonably have known of person A’s arrest or charge or the possibility or existence of a jury trial; or
                        1. as the online content host or the distributor of the publication, after taking all reasonable care, the person did not know or could not reasonably have known that it contained information that created a real risk of prejudicing person A’s right to a fair trial.

                          1. Subsection (2) does not apply to a fair and accurate report of a hearing held in public that is published contemporaneously with the hearing and in good faith.