New Zealand Legislation: Acts

401 Contempt of court

• (1) If any person—

  • (a) assaults, threatens, intimidates, or wilfully insults a Judge, or any Registrar, or any officer of the court, or any juror, or any witness, during his sitting or attendance in court, or in going to or returning from the court; or

  • (b) wilfully interrupts or obstructs the proceedings of the court or otherwise misbehaves in court; or

  • (c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings—

  any constable or officer of the court, with or without the assistance of any other person, may, by order of the Judge, take the offender into custody and detain him until the rising of the court.

  (2) In any such case as aforesaid, the Judge, if he thinks fit, may sentence the offender to imprisonment for any period not exceeding 3 months, or sentence him to pay a fine not exceeding $1,000 for every such offence; and in default of payment of any such fine may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.

  (3) Nothing in this section shall limit or affect any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

  Section 401(2): amended, on 1 May 1981, by section 21 of the Crimes Amendment Act (No 2) 1980 (1980 No 85).