New Zealand Acts

HARASSMENT ACT 1997 - SECT 39

39 Power to clear court and restrict publication of proceedings

1 Where, in any proceedings under this Act, the court is of the opinion that it is desirable to do so, after having regard to the interests of any person (including, without limitation, the privacy of the applicant) and to the public interest, the court may make any 1 or more of the following orders:

a) an order forbidding publication of any report or account of the whole or any part of—

i) the evidence adduced:

ii) the submissions made:

b) an order forbidding the publication of—

i) the name of any person, or any name or particulars likely to lead to the identification of that person:

ii) the affairs of any person:

c) an order excluding all or any persons other than the parties to the proceedings, any lawyer engaged in the proceedings, and any officer of the court, from the whole or any part of the proceedings.

2 The court may make an order under this section on its own motion or on the application of any party to the proceedings.

3 Every application to the court for an order under this section may be heard in open court or in chambers.

4 An order made under subsection (1)(a) or subsection (1)(b),—

a) may be made for a limited period or permanently; and

b) if it is made for a limited period, may be renewed for a further period or periods by the court under section 40 ; and

c) if it is made permanently, may be reviewed by the court at any time under section 40 .

5 Nothing in this section limits or restricts any other power of the court—

a) to prohibit or restrict the publication of reports or particulars relating to proceedings; or

b) to hear proceedings in private or to exclude any person from the court.

Note: 1985 No 120 s 138(2), (4)