Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

438 Publication of reports of proceedings under Part 4

(1)

Subject to subsection (2), no person shall publish any report of proceedings under Part 4 except with the leave of the court that heard the proceedings.

(2)

Nothing in subsection (1) applies to the publication of—

(a)

any report in any publication that—

(i)

is of a bona fide professional or technical nature; and

(ii)

is intended for circulation among members of the legal, medical, or teaching professions, officers of the public service, psychologists, counsellors carrying out duties under this Act, counsellors and mediators carrying out duties under the Care of Children Act 2004 or the Family Proceedings Act 1980, or social workers, or other delegates of the chief executive or subdelegates:

(b)

statistical information relating to proceedings under this Act:

(c)

the results of any bona fide research relating to proceedings under this Act.

(3)

In no case shall it be lawful to publish, in any report of proceedings under Part 4,—

(a)

the name of any child or young person or the parents or guardians or any person having the care of the child or young person; or

(b)

the name of any school that the child or young person is or was attending; or

(c)

any other name or particulars likely to lead to the identification of the child or young person or of any school that the child or young person is or was attending:

(d)

the name of any complainant.

(4)

Nothing in this section shall be construed to limit—

(a)

the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or

(b)

the power of any court to punish any contempt of court.

(5)

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

(a)

in the case of an individual, to a fine not exceeding $2,000:

(b)

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

Compare: 1974 No 72 s 24; 1980 No 94 s 169; 1982 No 135 s 6

Section 438 heading: replaced, on 18 May 2009, by section 9(1) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 438(1): amended, on 18 May 2009, by section 9(2) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 438(2)(a)(ii): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 438(2)(a)(ii): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 438(2)(a)(ii): amended, on 18 May 2009, by section 9(3)(a) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 438(2)(a)(ii): amended, on 18 May 2009, by section 9(3)(b) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 438(3): amended, on 18 May 2009, by section 9(4) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 438(3)(d): amended, on 18 May 2009, by section 9(5) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 438(5): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).