New Zealand Case Law: Decisions & Judgments

Topic

Permanent name suppression

Legal area

Court

21 Sept 2023

KAMERA JACOB TAMATI HARRIS v R [2023] NZCA 462

Citation

[2023] NZCA 462
Court

Court of Appeal

The Judge's sentencing exercise was within permissible range: the starting point, the 15% youth/rehabilitation discount and a 20% guilty plea discount were justified on the facts and authorities; permanent name suppression was unavailable because the appellant did not establish that publication would cause extreme hardship beyond the effects of conviction and sentence and victims' interests weighed against suppression.
23 Sept 2022

BANGERA v R [2022] NZCA 451

Citation

[2022] NZCA 451
Court

Court of Appeal

Publication of the appellant's name would likely cause hardship by hindering rehabilitation and risking relapse, but the evidence did not meet the very high statutory threshold of 'extreme hardship' under s200(2); accordingly, on balance the principle of open justice prevails and permanent name suppression is refused.
25 Jun 2019

O’REILLY v R [2019] NZCA 254

Citation

[2019] NZCA 254
Court

Court of Appeal

The suppression order was revoked because the appellant failed to particularise any real risk to his safety or other grounds entitling permanent suppression under s 200(2)(a) or (e); the victims opposed suppression; and, absent evidence Corrections will not protect him, there was no basis to continue anonymity.
5 Apr 2019

MACDONALD v R [2019] NZCA 91

Citation

[2019] NZCA 91
Court

Court of Appeal

The Court upheld the District Court's assessment that the offending was moderately serious and that the evidence did not establish the direct and indirect consequences of conviction (notably US entry issues) would be out of all proportion to the gravity of the offending; accordingly s107 was not satisfied and discharge without conviction was properly refused, and permanent name suppression was not justified.

New Zealand Case Law

KAMERA JACOB TAMATI HARRIS v R [2023] NZCA 462

BANGERA v R [2022] NZCA 451

O’REILLY v R [2019] NZCA 254

MACDONALD v R [2019] NZCA 91