New Zealand Legislation: Regulations

16 Matters to be taken into account

• In determining an application under rule 13, or a request for permission under rule 8 or 9, or the determination of an objection under those rules, the Judge or other judicial officers or Registrar must consider the nature of, and the reasons for, the application or request and take into account each of the following matters that is relevant to the application, request, or objection:

  • (a) the right of the defendant to a fair hearing:

  • (b) the orderly and fair administration of justice:

  • (c) the protection of confidentiality, privacy interests (including those of children and other vulnerable members of the community), and any privilege held by, or available to, any person:

  • (d) the principle of open justice, namely, encouraging fair and accurate reporting of, and comment on, trials and decisions:

  • (e) the freedom to seek, receive, and impart information:

  • (f) whether a document to which the application or request relates is subject to any restriction under rule 12:

  • (g) any other matter that the Judge, other judicial officer, or Registrar thinks just.