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Overview
Name suppression is a type of suppression order. It is when a court bans a person’s name or other identifying details from being published in connection with a court case. Sometimes it is applied automatically.
What name suppression means
Name suppression limits what can be published about a person’s identity. It can apply to the victim, defendant, witnesses or other people connected to a court proceeding and can be temporary or permanent.
Depending on the situation, identifying details may include:
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a person’s name
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their address
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their occupation
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other details that could identify them.
A defendant or offender can ask the court to suppress their name
In this situation, a judge decides whether to grant name suppression. If a defendant or offender is granted name suppression, it can affect what can be published about the case, including whether the offender’s name can legally be reported by any form of media such as news articles and social media posts.
You may be asked to share your views about permanent name suppression for the offender
If the defendant or offender asks for permanent name suppression, the prosecutor must make reasonable efforts to find out your views and tell the court what those views are.
When name suppression is automatically applied
Name suppression automatically applies if you are:
- a victim-survivor in a sexual offence case
- under 18 and are a victim
- under 18 and are a witness in a criminal case.
If name suppression does not apply automatically, a judge may decide to order it for you or someone else connected to the case.
For example, a judge may make an order if publishing identifying details is likely to put someone in danger, affect a fair trial or identify another person whose identity is protected.
Find out more about suppression orders on the District Court website.
Suppression orders | The District Court of New Zealand(external link)
Terms you may hear
You may hear terms like victim, survivor, or victim-survivor in reference to sexual harm.
You can choose to use what feels right to you and your experience.
In the New Zealand criminal justice system, legal documents and court proceedings generally use the terms victim and witness for the Crown to describe a person's role in the case.
Victims Information | For people affected by sexual violence
Name suppression for victim-survivors of sexual violence
If you are a victim-survivor of a sexual offence, you do not need to apply for name suppression. It applies automatically and is permanent unless the court decides it is appropriate and suitable to lift it.
If you are 18 or older and decide that you do not want or need name suppression, you can apply to the court to have it lifted. This is called applying for an identity publication order. You can apply during the court case or after it has ended.
If an adult is convicted of a sexual offence, the court usually cannot give them permanent name suppression unless the victim-survivor agrees.
If more than one victim-survivor is involved, the court will consider each person’s views.
If there are different views, the judge can consider each offence separately when deciding whether to grant permanent name suppression. For example, one victim-survivor may agree to permanent name suppression, while another may not. The judge can consider the offences involving each person separately.
There are some exceptions. For example, the court may make an order if the victim-survivor cannot be contacted, chooses not to take part, or is unable to take part in the process.
Find out more about name suppression for victim-survivors of sexual violence(external link)
Name suppression and media
Name suppression does not always stop the media from reporting on the case. The media may still be able to report on parts of the case, depending on what the court has allowed. For example, name suppression does not always stop publication of the charge, the court decision, or other information about what happened in court.
When there is media interest(external link)
If a suppression order applies, breaching it is against the law
A suppression order is a court order that stops certain information from being published. Suppression orders apply to all members of the public including media.
This means it is illegal to disclose or otherwise put the suppressed material into the public arena, by any means. This may include by repeating it in a conversation, or by writing or sharing it in a text message, social media post, blog, online comment, or public article.
Read more about suppression orders and publication rules | Courts of New Zealand(external link)
Media contact following a death
If there has been a homicide, workplace fatality, road fatality, or death in a traumatic event then police may release some information to media.
Police will only officially release the name of the person who died after formal identification. They will talk with immediate family about timing.
A police release may include details such as:
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the person’s gender
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their approximate age
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where they were found
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whether the death has been referred to the coroner
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whether a homicide inquiry has started.
Find more information about when there is media interest