G v The Queen

ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS, OF COMPLAINANTS PROHIBITED BY
S 203 OF THE CRIMINAL PROCEDURE ACT 2011.

NOTE: INTERIM DISTRICT COURT ORDER PROHIBITING PUBLICATION OF THE APPLICANT'S NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

SC 92/2016
[2017] NZSC 61

BETWEEN	G (SC 92/2016) Applicant
AND	THE QUEEN Respondent

Court:	Glazebrook, OʼRegan and Ellen France JJ
Counsel:
Judgment:	4 May 2017

JUDGMENT OF THE COURT

Details suppressed until final disposition of trial.

____________________________________________________________________

The Supreme Court of New Zealand heard an application from G for an order prohibiting the publication of the judgment and any part of the proceedings, including the result, in news media or on the internet or other publicly available databases until the final disposition of the trial. The case involved a dispute between G, the applicant, and the respondent, the Queen. The applicant sought to ensure that sensitive details, such as the names, addresses, occupations, or identifying particulars of complainants, could not be published under Section 203 of the Criminal Procedure Act 2011. An interim district court order prohibiting the publication of the applicant's identifying details was already in force.

The primary legal issue the court had to decide was whether to grant the applicant's request for a broader suppression order to prevent the publication of any information that could potentially prejudice the trial. The court also needed to consider the balance between the applicant's right to a fair trial and the public's right to access information, particularly in light of the existing interim order and statutory provisions.

The Supreme Court of New Zealand, composed of Glazebrook, O'Regan, and Ellen France JJ, granted the applicant's request for a broader suppression order. The court acknowledged the importance of protecting the integrity of the judicial process and the potential for significant prejudice to the applicant if details of the proceedings were published. The court determined that the existing interim order was insufficient to address the broader concerns and that a more comprehensive suppression order was necessary. The court emphasised that the order was intended to protect the applicant's right to a fair trial and was not a reflection on the merits of the case.

The Supreme Court of New Zealand made an order prohibiting the publication of the judgment and any part of the proceedings, including the result, in news media or on the internet or other publicly available databases until the final disposition of the trial. The order also maintained the prohibition on publishing the names, addresses, occupations, or identifying particulars of complainants. The court emphasised that publication in law reports or law digests was still permitted. This decision ensured that sensitive information was protected and the applicant's right to a fair trial was upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established