Terrorism Suppression (Control Orders) Bill

  • enacted
32 Automatic suppression of identity of relevant person

(1)

This section applies to a person if—

(a)

an application for, or for the renewal, variation, or discharge of, a control order in respect of the person has been made and has not been withdrawn or finally determined; or (as the case requires)

(b)

a control order has been made, renewed, varied, or discharged in respect of the person.

(2)

The purposes of this section are—

(a)

to protect the public from terrorism:

(b)

to prevent engagement in terrorism-related activities in a country:

(c)

to protect the person and to support the person’s reintegration into New Zealand or rehabilitation, or both.

(3)

No person may publish, in any report or account of the proceeding in which the court considers and determines the application or (as the case requires) makes, renews, varies, or discharges the control order, the person’s name, address, or occupation, unless the court, by order, permits the publication.

(4)

The court may make an order that permits the publication (for example, if the person applies to the court for such an order and the court is satisfied that the person understands the nature and effect of their decision to apply for the order) only if satisfied that permitting the publication is consistent with the purposes of this section.

(4A)

In particular, before making an order that permits the publication, the court must consider whether the order will or may lead to the publicising of views that do either or both of the following:

(a)

promote or encourage hostility towards any group of persons on 1 or more of the grounds specified in section 21 of the Human Rights Act 1993:

(b)

promote or encourage criminal acts or terrorism.

(4B)

An order under this section that permits the publication does not limit any power to clear the court, or to forbid publication, that a court has under any other law.

(5)

Nothing in this section applies to or prevents communication, by or on behalf of the Commissioner or another person performing official duties or functions, of information if the communication is necessary or desirable for the administration or enforcement of this Act.

(6)

In this section, name, in relation to a person, means the person’s name and any particulars likely to lead to the person’s identification.

Compare: 2011 No 81 ss 194, 195, 201