Family Court Act 1980

11B Publication of reports of proceedings

(1)

Any person may publish a report of proceedings in the Family Court.

(2)

Subsection (1) is subject to subsection (3).

(3)

A person may not, without the leave of the court, publish a report of proceedings in the Family Court that includes identifying information where—

(a)

a person under the age of 18 years—

(i)

is the subject of the proceedings; or

(ii)

is a party to the proceedings; or

(iii)

is an applicant in the proceedings; or

(iv)

is referred to in the proceedings; or

(b)

a vulnerable person—

(i)

is the subject of the proceedings; or

(ii)

is a party to the proceedings; or

(iii)

is an applicant in the proceedings.

(4)

However, subsection (3) does not apply to—

(a)

a report of proceedings in a publication that—

(i)

is genuinely of a professional or technical nature (including a publication that is intended for circulation among members of the legal or medical professions, officers of the public service, psychologists, counsellors, mediators, or social workers); and

(ii)

does not include the name of—

(A)

any person under the age of 18 years who is the subject of the proceedings, or who is referred to in the proceedings:

(B)

any vulnerable person who is the subject of the proceedings:

(C)

any parties or applicants in the proceedings where subsubparagraph (A) or (B) applies:

(D)

any school that a person who is the subject of proceedings under the Oranga Tamariki Act 1989 is or was attending, or any other particulars likely to lead to the identification of that school:

(b)

a publication of statistical information relating to the proceedings.

(5)

The court may grant leave under subsection (3) with or without conditions.

(6)

Every person who contravenes this section commits an offence against this Act and is liable on conviction,—

(a)

in the case of an individual, either to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:

(b)

in the case of a body corporate, to a fine not exceeding $10,000.

(7)

Subsection (6) does not limit the power of a court to punish any contempt of court.

(8)

This section is subject to any other enactment relating to the publication or regulation of the publication of reports or particulars of a Family Court proceeding.

Section 11B: inserted, on 18 May 2009, by section 7 of the Family Courts Amendment Act 2008 (2008 No 78).

Section 11B(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 11B(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 11B(4)(a)(i): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 11B(4)(a)(ii)(D): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 11B(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).