Contempt of Court Act 2019

1: Title
This Act is the Contempt of Court Act 2019.
2: Commencement
1: This Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council; and
b: the date that is 1 year after the date on which this Act receives the Royal assent.
2: One or more Orders in Council may be made under subsection (1)﻿(a) appointing different dates for different provisions.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purposes
1: The principal purposes of this Act are to—
a: promote and facilitate the administration of justice and uphold the rule of law; and
b: maintain and enhance public confidence in the judicial system; and
c: reform the law of contempt of court.
2: For those purposes, this Act enables courts to make certain orders and impose certain sanctions so that—
a: civil and criminal court proceedings are heard and determined fairly by independent and impartial Judges; and
b: jury verdicts are based only on facts admitted or proved by properly adduced evidence after free, frank, and confidential jury discussions, and the finality of verdicts is protected; and
c: individual cases are heard and determined in a manner that is expeditious, efficient, and consistent with the principles of justice and the rule of law; and
d: except in proceedings where the law restricts access to the court or restricts the reporting of proceedings (such as proceedings in the Family Court or the Youth Court) or in unusual circumstances, proceedings are open to the public and news media; and
e: orders made by the courts are enforceable; and
f: the independence, integrity, impartiality, and authority of the judiciary are protected.
3: In reforming the law of contempt of court in New Zealand, this Act—
a: abolishes the common law contempts of—
i: contempt in the face of the court; and
ii: publishing information that interferes with a fair trial; and
iii: jurors researching information relevant to the trial; and
iv: disclosing juror deliberations; and
v: disobeying court orders; and
vi: scandalising the court; but
b: preserves the inherent jurisdiction of the High Court to punish for contempt of court in circumstances where this Act does not apply.
4: Interpretation
In this Act, unless the context otherwise requires,— bailiff section 4 category 3 offence category 4 offence section 6 charged Criminal Procedure Act 2011 constable section 4 court
a: the District Court:
b: the High Court:
c: the Court of Appeal:
d: the Supreme Court judicial officer
a: a High Court Judge:
b: a District Court Judge:
c: a Community Magistrate:
d: a Justice of the Peace officer of the court
a: a person who holds an office referred to in section 33
b: a person who is an officer of the court as defined in section 4 online content host person Police employee section 4 publish
a: insert in any newspaper or other periodical publication printed, published, or distributed in New Zealand; or
b: send to any person, by post or otherwise; or
c: deliver to any person or leave upon premises occupied by any person; or
d: broadcast within the meaning of the Broadcasting Act 1989
e: include in any film or video recording; or
f: disseminate by means of the Internet or any other electronic, digital, or similar medium; or
g: display by way of a sign, a notice, a poster, or other means.
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
1: This Act binds the Crown.
2: However, to avoid doubt, a court may not issue a warrant, impose a fine, or make an order under section 16(4)﻿(a) or (b)
3: Nothing in subsection (2) Declaratory Judgments Act 1908
2: Provisions to promote and facilitate administration of justice
1: Prohibiting publication of certain criminal trial information
7: Offence to publish certain criminal trial information
1: This section applies if a person ( person A
a: applies from the time of the arrest or charge (whichever happens first) until the delivery of the verdict; and
b: ceases to apply if—
i: person A is not charged; or
ii: person A pleads guilty to the offence or a jury delivers a verdict for the offence; or
iii: the charge for the offence is withdrawn, dismissed, stayed, or otherwise disposed of; or
iv: a Judge-alone trial starts for the offence.
2: A person commits an offence if—
a: the person intentionally publishes any information; and
b: the information is relevant to any trial of person A; and
c: there is a real risk that the publication could prejudice person A’s right to a fair trial.
3: A person who commits an offence against subsection (2)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $25,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
4: A person has a defence in a prosecution for an offence against subsection (2)
a: 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
b: 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.
5: Subsection (2)
8: How court determines whether publication creates real risk of prejudice to right to fair trial
1: In determining whether, for the purpose of section 7(2)﻿(c)
a: the likely effect of the publication as a whole:
b: whether the publication is likely to be available to jurors or potential jurors:
c: the medium in which the publication is presented and its potential accessibility and durability:
d: the content of the publication:
e: the character of the publication, including the language and tone used in it:
f: any other relevant circumstances relating to the likely effect of the publication.
2: In its consideration of the content of the publication, the court may (without limitation) consider whether the publication includes any of the following:
a: information indicating that person A is of bad character, including previous misconduct, criminal or gang affiliations, criticism of person A’s personality, or information about previous charges or acquittals:
b: information indicating that person A has confessed to the charge, or any component of it, or to conduct that may result in person A being charged or convicted:
c: information commenting on the credibility of person A or any witnesses:
d: information given at trial in the jury’s absence or information that has been ruled inadmissible at trial:
e: photographs, pictorial information, or other information that reveals the appearance of person A if the identity of the alleged offender is, or is likely to be, in issue at trial.
9: Further provisions applying for purpose of section 7
1: If a person is convicted of an offence against section 7(2)
2: A person who knowingly or recklessly fails to comply with an order made under subsection (1) section 211
3: A person who fails to comply with an order made under subsection (1) section 211
4: Subpart 7 subsection (1)
2: Dealing with disruptive behaviour relating to court proceedings
10: Judicial officer may cite disruptive behaviour
1: This section applies if a judicial officer believes that any person is—
a: wilfully disrupting the proceedings of a court; or
b: wilfully and without lawful excuse disobeying any order or direction of the court in the course of the hearing of any proceedings.
2: The judicial officer may take 1 or more of the following actions:
a: order that the person be excluded from the sitting of the court:
b: cite the person for disruptive behaviour and order that the person be taken into custody and detained until a time no later than the time the court rises for the day.
3: Any constable or officer of the court, with or without the assistance of any other person, is authorised to execute the order and may take the person into custody or remove the person in accordance with the order.
4: Any person taken into custody under this section must be dealt with in accordance with the procedure in section 11
11: Procedure for dealing with person cited for disruptive behaviour
1: While being held in custody, a person cited for disruptive behaviour must be given a reasonable opportunity to—
a: obtain legal representation; and
b: apologise to the court.
2: Before the court rises for the day on which the person is cited and ordered to be detained, the judicial officer must review the matter and, if the judicial officer considers that further punishment is necessary, the judicial officer must—
a: provide a written statement to the person cited that specifies the behaviour that the judicial officer believes was disruptive behaviour; and
b: if the judicial officer is a Judge, consider whether there are exceptional circumstances that warrant a different Judge hearing the matter; and
c: set the matter down for determination before a Judge within the next 7 days.
3: If the matter is set down for determination, section 168
4: At the hearing,—
a: the Judge may receive from any person any evidence or statement that the Judge considers relevant; and
b: the Judge must make a finding under subsection (5)
5: On finding beyond reasonable doubt that the person is guilty of the conduct described in section 10(1)﻿(a) or (b)
a: must not convict the person; but
b: may—
i: issue a warrant committing the person to imprisonment for a term not exceeding 3 months; or
ii: impose on the person a fine not exceeding $10,000; or
iii: order the person to do community work, not exceeding 200 hours, as the Judge thinks fit.
12: Further provisions applying for purpose of this subpart
1: Subparts 1 2 3 section 11(5)
2: Subpart 5 section 11(5)
3: A warrant for the committal of any person to prison under section 11(5)
4: Any person committed to prison by any court under section 11(5) Corrections Act 2004
3: Provisions relating to juries
13: Jury members who investigate or research case are liable to fine
1: This section applies if a person who is a member of a jury constituted for a trial,—
a: during the trial period, intentionally investigates or researches information relevant to the trial; and
b: does so when the person knew or ought reasonably to have known it is or may be information relevant to the trial.
2: This section does not apply if the person undertakes the investigation or research with the permission, or at the direction, of the trial Judge.
3: If this section applies, the Judge—
a: must explain or provide a written statement to the person that specifies the behaviour that the Judge believes may constitute a breach of subsection (1)
b: must give the person a reasonable opportunity to obtain legal advice; and
c: may receive from any person any evidence or statement that the Judge considers relevant; and
d: must make a finding under subsection (4)
4: On finding beyond reasonable doubt that the person is guilty of the conduct described in subsection (1)
a: must not convict the person; but
b: may impose on the person a fine not exceeding $5,000.
5: Subpart 5 subsection (4)
6: In this section,— information relevant to the trial
a: the defendant:
b: any other person involved in the events which are the subject of the trial:
c: any person involved in the trial, including a witness:
d: the events that are the subject of the trial:
e: the law relating to the trial:
f: the law of evidence investigate or research
a: ask a question or have a discussion (by any means) with a person who is not a jury member or the trial Judge:
b: search any information source, including the Internet:
c: visit or inspect a place or an object:
d: conduct an experiment:
e: ask another person to perform any of the actions listed above trial period
a: begins when a jury has been constituted under section 19 of the Juries Act 1981; and
b: ends when the jury is discharged or, in the case of an individual jury member who is discharged during the trial, the member is discharged.
14: Offence to disclose jury deliberations
1: A person commits an offence if the person intentionally discloses, solicits, or obtains information about statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in the course of their deliberations in proceedings before a court.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000; or
b: in the case of a body corporate, a fine not exceeding $40,000.
15: Exceptions to section 14
1: It is not an offence against section 14(1)
a: is sought by, or disclosed to, the court in the course of the performance of the jury’s functions; or
b: is disclosed to the trial Judge during or after the trial in a complaint or allegation of misconduct by a juror; or
c: 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
d: 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
e: is sought or disclosed as directed by a court (including on an appeal); or
f: is disclosed under subsections (2) to (5)
2: A person who has reason to believe that an offence against section 14(1) subsection (3)
3: The persons concerned are—
a: the Solicitor-General:
b: a Police employee:
c: the prosecutor in the trial:
d: a lawyer acting for the defendant.
4: 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.
5: A recipient of information under subsection (4) section 14(1)
6: In this section, health practitioner section 5
4: Enforcement of certain court orders
16: Certain court orders and undertakings may be enforced
1: This section applies to—
a: any interim or final order, decision, decree, direction, or judgment of a court (a court order section 17
b: any undertaking given to the court if, on the faith of the undertaking, the court has sanctioned a particular course of action or inaction.
2: A court may enforce the court order or undertaking against the party, non-party, or other person bound by the order or undertaking by taking action provided for in subsections (3) and (4)
a: the party who sought the order or undertaking being enforced; or
b: a person who benefits from, or has an interest under, the order or undertaking; or
c: the Solicitor-General, if the Solicitor-General is satisfied that there is a high degree of public interest in enforcing the order or undertaking.
3: The court—
a: must not proceed further under this section unless it is satisfied that other methods of enforcing the court order or undertaking have been considered and are inappropriate or have been tried unsuccessfully; and
b: if so satisfied, must make a finding as to whether it is proved beyond reasonable doubt that—
i: the court order or undertaking being enforced has been made in clear and unambiguous terms and is clearly binding on the person; and
ii: the person had knowledge or proper notice of the terms of the court order or undertaking being enforced; and
iii: the person has, without reasonable excuse, knowingly failed to comply with the court order or undertaking being enforced.
4: On finding beyond reasonable doubt that the requirements of subsection (3)﻿(b)﻿(i) to (iii)
a: do any of the following:
i: issue a warrant committing the person or a director or an officer of the body corporate, as the case may be, to a term of imprisonment not exceeding 6 months:
ii: impose a fine,—
A: in the case of an individual, not exceeding $25,000; or
B: in the case of a body corporate, not exceeding $100,000:
iii: order the individual or a director or an officer of the body corporate, as the case may be, to do community work, not exceeding 200 hours, as the court thinks fit:
b: if the court is the High Court, make a sequestration order in accordance with the rules of court.
5: An applicant may apply under subsection (2) subsections (3) and (4)
6: Any enforcement action under this section does not operate to extinguish or affect the liability of the person to comply with a court order or an undertaking.
17: Jurisdiction to take certain action under section 16
1: A court may take action under section 16 section 3(2)
2: Only the High Court may take action under section 16
18: Provisions relating to fines and orders
1: If the court fines a person under section 16 section 16(2)﻿(a) to (c)
2: If the remedy sought under section 16
3: Section 16
19: Application of Sentencing Act 2002 and Criminal Procedure Act 2011
1: Subparts 1 2 3 section 16(4)﻿(a)
2: Subpart 5 section 16(4)﻿(a) or (b)
20: Provisions relating to imprisonment imposed under section 16
1: A warrant for the committal of any person to prison under section 16(4)
2: Any person committed to prison by any court under section 16(4) Corrections Act 2004
3: If at any time it appears to the satisfaction of a Judge of the court that committed the person to prison that the person ought for any reason to be discharged, the Judge may order the person’s discharge from prison on any terms (including liability to rearrest if the terms are not complied with) that the Judge thinks fit.
5: Prohibiting publication of false statements about Judge or court, and power to make take-down orders
21: Interpretation
In this subpart,— court section 4 Judge
22: Offence to publish false statement about Judge or court
1: A person commits an offence if—
a: the person publishes a false statement about a Judge or court; and
b: the person knew or ought reasonably to have known that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court; and
c: there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or a fine not exceeding $25,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
23: Further provisions applying for purpose of section 22
1: A charging document for an offence against section 22(1)
2: Despite any other enactment, a proceeding against a defendant for an offence against section 22(1)
24: Power to make take-down order
Interim order
1: On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (2)
2: The court may make an order under subsection (1) interim order
a: the person has published a false statement about a Judge or court; and
b: there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.
3: An interim order expires if—
a: an application for a permanent order is not made within 20 working days (as defined in section 5
b: an application for a permanent order is made within that period, but the application—
i: is declined; or
ii: is withdrawn or otherwise lapses; or
c: a permanent order is made. Permanent order
4: On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (5)
5: The court may make an order under subsection (4) permanent order
a: the person has published a false statement about a Judge or court; and
b: there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.
3: General provisions and consequential amendments
25: Judicial powers exercisable as often as necessary to control proceedings
1: This section applies to any order that may be made, or action taken, under—
a: section 10
b: section 11
c: section 13
d: section 16
2: Unless the context otherwise requires, the power of a judicial officer to make any order or take any action under this Act to which this section applies is exercisable in any proceedings as often as the judicial officer considers necessary to control the proceedings.
26: How this Act relates to other authority or power to punish for contempt of court
1: 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.
2: 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.
3: 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.
4: 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.
5: The following contempts are abolished as part of the common law of New Zealand:
a: contempt in the face of the court:
b: publishing information that interferes with a fair trial:
c: jurors researching information relevant to the trial:
d: disclosing juror deliberations:
e: disobeying court orders:
f: scandalising the court.
27: Maximum penalty and appeal rights for finding of contempt under inherent jurisdiction
1: The maximum penalty that may be imposed by the High Court in the exercise of its inherent jurisdiction to punish any person for contempt of court in any circumstances to which this Act does not apply is 6 months’ imprisonment.
2: Subpart 5
28: References in other Acts to contempt of court
Unless the context otherwise requires, references in any other Act to the power of a court to punish a person for contempt of court or to proceedings for contempt of court must be read as references to the power to punish for contempt of court, or to proceedings, under this Act.
29: Consequential amendments
Amend the enactments specified in Schedule 2 2020-08-26 Commissions of Inquiry Act 1908 Coroners Act 2006 Corporations (Investigation and Management) Act 1989 Courts Security Act 1999 Crimes Act 1961 Criminal Disclosure Act 2008 Criminal Procedure Act 2011 District Court Act 2016 Electoral Act 1993 Employment Relations Act 2000 Family Court Act 1980 Habeas Corpus Act 2001 Harassment Act 1997 Human Rights Act 1993 Inquiries Act 2013 Juries Act 1981 Lawyers and Conveyancers Act 2006 Parole Act 2002 Reserve Bank of New Zealand Act 1989 Resource Management Act 1991 Senior Courts Act 2016 Tax Administration Act 1994 Te Ture Whenua Maori Act 1993 Trustee Companies Management Act 1975 Victims’ Orders Against Violent Offenders Act 2014