Appendix B

Table outlining courts’ contempt jurisdiction

COMPARATIVE JURISDICTION TO PUNISH FOR CONTEMPT
The Courts Contempt in the face of the court Publication contempt Scandalising the court Civil contempt failure to comply with court orders Juror contempt
HIGH COURT Inherent (substantive common law) jurisdiction to punish this type of contempt. s 56C Judicature Act 1908 – covers civil proceedings. s 365 Criminal Proceedings Act 2011 – covers criminal. Inherent (substantive common law) jurisdiction. s 86 Evidence Act 2006 – restricts publication of some questions and evidence in response. Inherent (substantive common law) jurisdiction to punish this type of contempt. Inherent (substantive common law) jurisdiction remains. Extends to actions of third parties. High Court Rules – orders of arrest and committal to prison and sequestration orders. Inherent (substantive common law) jurisdiction. s 365 Criminal Proceedings Act 2011 – covers misbehaviour in face of court.
DISTRICT COURTS s 112 District Courts Act 1947 (Civil) & s 365 Criminal Proceedings Act 2011. Inherent (ancillary) powers of all courts to control own process would allow the court to punish this if no statutory provision. No inherent or statutory jurisdiction. s 86 Evidence Act 2006 – restricts publication of some questions and evidence. No inherent or statutory jurisdiction.   s 79 District Courts Act & 2009 rules cover some orders. s 41 – ancillary jurisdiction may cover contempt for wilful breaches of court order. (See P v F (2009) 27 FRNZ 603 (HC).) s 365 Criminal Proceedings Act 2011 (in court or breach of order or direction). Otherwise no jurisdiction.
FAMILY COURTS s 112 District Courts Act 1947 applies. Inherent (ancillary) powers of all courts to control own process would allow the court to punish this if no statutory provision. No jurisdiction. Various statutory provisions restrict publication. s 86 of the Evidence Act 2006 applies. No jurisdiction. s 79 District Courts Act & 2009 rules cover orders of arrest and committal. s 41 – ancillary jurisdiction may cover contempt for wilful breaches of court order. N/A
ENVIRONMENT COURT Statutory jurisdiction – s 282 Resource Management Act 1991. Inherent (ancillary) powers of all courts to control own process would allow the court to punish this if no statutory provision. No jurisdiction to commit and punish this type of contempt. Section 86 of the Evidence Act 2006. No jurisdiction. Statutory jurisdiction – s 79 District Courts Act & 2009 rules are applied to the Environment Court by virtue of s 278 Resource Management Act, which gives jurisdiction to commit for contempt (wilful disobedience of injunctive court order). s 41 District Courts Act applies also. N/A
EMPLOYMENT COURT Statutory jurisdiction – s 196 Employment Relations Act 2000. Inherent powers of all courts to control own process would allow the court to punish this if no statutory provision. No jurisdiction to commit and punish this type of contempt. Section 86 of the Evidence Act 2006 applies. No jurisdiction. Statutory enforcement provisions cover same ground – s140 Employment Relations Act 2000 Court can enforce compliance orders by fines, imprisonment and sequestration. Under s 141, orders may be filed and enforced through the District Court. N/A
MĀORI LAW COURT & MĀORI APPELLATE COURT s 90 Te Ture Whenua Māori Act 1993 to take into custody and detain until the rising of the Court. Inherent powers of all courts to regulate their own processes cover this also. No jurisdiction. s 86 of the Evidence Act 2006. No jurisdiction. No jurisdiction. s 83 Te Ture Whenua Māori Act injunctions issued by the Māori Land Court or the Māori Appellate Court may be enforced by committal for contempt in the High Court. N/A

 

APPELLATE COURTS: JURISDICTION TO PUNISH FOR CONTEMPT
Courts Contempt in the face of the court Publication contempt Scandalising the court Civil contempt failure to comply with court orders
SUPREME COURT s 35(1) of Supreme Court Act 2003 covers all proceedings. s 365 of the Criminal Proceedings Act (criminal appeals). s 35(4) of Supreme Court Act 2003 – Supreme Court has the same power and authority as the High Court (including inherent substantive common law jurisdiction) to deal with any contempt. s 35(4) of Supreme Court Act 2003 – gives the Supreme Court the same power and authority as the High Court (including inherent substantive common law jurisdiction) to deal with contempt. s 32 of Supreme Court Act 2003 – empowers the High Court to enforce Supreme Court orders including by committal.  
COURT OF APPEAL s 365 of the Criminal Proceedings Act (criminal appeals). s 56C Judicature Act 1908 (Civil proceedings) – unclear whether applies. Inherent powers of all courts to control own process would otherwise apply. Court has no inherent (substantive common law) jurisdiction and not covered by statute.     Court has no inherent (substantive common law) jurisdiction.   s 63 of the Judicature Act – all judgments, decrees and orders of the Court of Appeal may be enforced by the High Court as if given or made by that Court.