Contempt of Court Act 2019

General provisions and consequential amendments

26: How this Act relates to other authority or power to punish for contempt of court

You could also call this:

"This law explains how courts in New Zealand punish people who disrespect them, and how it works with other court powers."

Illustration for Contempt of Court Act 2019

This Act is about how courts in New Zealand deal with people who do not respect the court. If a court or judge has the power to punish someone under this Act, they cannot use any other power they might have to punish that person. You need to know that this Act does not limit the power of courts to punish people for disrespecting the court in situations that this Act does not cover. The High Court can punish people who disrespect other courts or tribunals if those courts or tribunals do not have the power to punish them.

The High Court, Supreme Court, and Court of Appeal have the power to punish people for disrespecting the court in situations that this Act does not cover. Some types of disrespect, like disobeying court orders or researching information as a juror, are no longer considered part of New Zealand's common law. This means that if you do something that used to be considered disrespect, like scandalising the court, you will not be punished under the old common law rules.

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This page was last updated on 17 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS24836.

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25: Judicial powers exercisable as often as necessary to control proceedings, or

"The judge has the power to make decisions to control what happens in court."

27: Maximum penalty and appeal rights for finding of contempt under inherent jurisdiction, or

"What happens if you disobey the court and the Contempt of Court Act doesn't apply"

Part 3General provisions and consequential amendments

26How this Act relates to other authority or power to punish for contempt of court

Where this Act confers on a court or Judge any jurisdiction, authority, or power to punish a person for contravening or failing to comply with any provision of this Act, the court or Judge has no inherent jurisdiction or power to punish that conduct.
Nothing in this Act limits or affects any authority or power of a court, including the authority of the High Court under its inherent jurisdiction, to punish any person for contempt of court in any circumstances to which this Act does not apply.
However, if any court, tribunal, or inquiry constituted by or under an Act lacks authority to punish a contempt or enforce its processes, the High Court may punish a contempt or enforce the processes of the court, tribunal, or inquiry in the same manner as it may punish a contempt or enforce the processes of the High Court under this Act.
The Supreme Court and the Court of Appeal have the same authority as the High Court to punish any person for contempt of court in any circumstances to which this Act does not apply.
The following contempts are abolished as part of the common law of New Zealand:
contempt in the face of the court:
publishing information that interferes with a fair trial:
jurors researching information relevant to the trial:
disclosing juror deliberations:
disobeying court orders:
scandalising the court.