Appendix C

Statutory contempts

CONTEMPT IN NEW ZEALAND
Type of contempt Provision Description
Crimes Act 1961 contempts Section 116 Conspiring to defeat justice It is an offence to conspire to defeat the course of justice.
  Section 108 Perjury defined Section 109 Punishment of perjury It is a crime for a witness to give a statement knowing that it is false and is given with the intention to mislead the court holding the proceeding.
  Section 110 False oaths It is an offence for a person who is required by law to make a statement on oath to make a statement that would amount to perjury if made in a judicial proceeding.
  Section 111 False statements or declarations It is an offence for a person who is required to make a statement or a declaration required by law to make a false statement or declaration.
  Section 113 Fabricating evidence A person who fabricates evidence commits an offence.
  Section 114 Use of purported affidavit or declaration It is an offence to sign or purport to use a document as an affidavit or declaration when it isn’t.
  Section 115 Conspiring to bring false accusation It is an offence to conspire to prosecute a person for an alleged offence knowing that the person is innocent.
  Section 116 Conspiring to defeat justice It is an offence to conspire to obstruct, prevent, pervert or defeat the course of justice.
  Section 117 Corrupting juries and witnesses It is a crime to influence, bribe or dissuade any person who is to be a witness or a juror in any proceedings.
  Section 256 Forgery It is an offence to produce false documents with the intention of using them to obtain something of valuable consideration and to make a false document with the intent that it be used as genuine.
  Section 257 Using forged documents It is an offence to use documents knowing they are forged to obtain something of value or to use such documents as if they were genuine.
  Section 264 Paper or implements for forgery It is an offence for a person to have in his or her possession or control anything capable of being used to forge any document with the intent to use it for that purpose.
Criminal Procedure Act 2011 contempts Section 120 Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered If a defendant charged with a category 2, 3 or 4 offence does not appear to enter a plea, the judicial officer or the Registrar may issue a warrant to arrest the defendant.
  Section 121 Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing If the defendant does not appear for a category 2, 3 or 4 offence after the plea is entered, the court may either proceed in the absence of the defendant or issue a warrant to arrest the defendant.
  Section 122 Non-attendance of defendant at trial for offence in category 2, 3, or 4 If a defendant fails to appear at trial for a category 2, 3 or 4 offence without a reasonable excuse, the court can either proceed with the trial or issue a warrant to arrest the defendant.
Witness contempt Criminal Procedure Act 2011, s 165 Witness refusing to give evidence may be imprisoned If a witness does not give evidence when required or refuses to be sworn or, having been sworn, refuses to answer questions, the court may order that the witness be detained or issue a warrant for his or her arrest and detention.
  Criminal Procedure Act 2011, s 159 Issue of summons to witness A person commits an offence if that person has been served with a summons requiring the person to appear as a witness and that person refuses or fails, without reasonable excuse, to appear or to produce any document or thing required by the summons to be produced.
  Criminal Procedure Act 2011, s 211 Offences and penalties It is an offence to publish details in breach of a suppression order.
  Electoral Act 1993, s 247(2) Summons and examination of witnesses The High Court may by order require any person who appears to the court to have been concerned in the election to attend as a witness, and every person who refuses to obey any such order shall be guilty of contempt of court.
  Judicature Act, s 56B Refusal of witness to give evidence A witness may be detained for refusing without “any just excuse” to give evidence or refuse to produce a document.
  Te Ture Whenua Māori Act 1993, s 89 Failure to comply with summons, etc After being summoned to attend to give evidence or produce certain documents, it is an offence for a person to fail to attend, to refuse to be sworn or refuse to answer any lawful question or to fail to produce those certain documents.
Jury contempt Juries Act 1981, s 32 Failure to attend A person may be fined if the person is summoned to attend and serve as a juror but fails without reasonable excuse to attend or wilfully refuses or neglects to serve when called upon.
Contempt against court in other statutes Armed Forces Discipline Act 1971, s 150E Contempt of military tribunal or court of inquiry A person not subject to this Act commits a contempt of military court or tribunal if he/she fails to attend as a witness, refuses to swear an oath or produce papers or answer a question, disobeys an order of the tribunal or court, wilfully publishes any statement in respect of the proceedings that is likely to interfere with the proper administration of justice, insults a member of the tribunal or court or interrupts the proceedings.
  Criminal Procedure Act 2011, s 365 Contempt of court It is an offence for a person to wilfully insult a member of the court, to wilfully interrupt the proceedings or otherwise misbehave or to wilfully and without lawful excuse disobey any court order or direction in the course of a hearing.
  Disputes Tribunals Act 1988, s 56 Contempt of Tribunal It is an offence to wilfully assault, insult or obstruct a member of the Tribunal, wilfully interrupt or otherwise misbehave at a sitting of a Tribunal or wilfully and without lawful excuse disobey an order of a Tribunal.
  District Courts Act 1947, s 112 Penalty for contempt of court A person may be detained and sentenced if he or she wilfully insults a member of the court or a witness, wilfully interrupts the proceedings or otherwise misbehaves or wilfully and without lawful excuse disobeys a court order.
  Employment Relations Act 2000, s 196 Contempt of court or authority A person may be detained and sentenced if he or she assaults, threatens, intimidates or wilfully insults a member of the court, wilfully interrupts or obstructs the proceedings or otherwise misbehaves or wilfully and without lawful excuse disobeys any order or direction of the Authority or court.
  Evidence Act 2006, s 179 Contempt of Australian court It is an offence to assault, threaten, intimidate or wilfully insult certain members of the court, wilfully interrupt or obstruct the proceeding or wilfully and without lawful excuse disobey an order of the Australian court in the course of the proceeding at a place where evidence is being given in New Zealand in a proceeding before an Australian court.
  Habeas Corpus Act 2011, s 19 Contempt of court It is contempt of court to wilfully hinder the prompt disposal of an application, to remove a person from the jurisdiction of the court, to fail to comply with a condition attached to an order to release a person from detention or to wilfully fail to comply with a writ of habeas corpus ordering the release from detention of a person.
  Judicature Act 1908, s 56C Contempt of court A person may be detained if he or she assaults, threatens, intimidates or wilfully insults a member of the court during the sitting or in going to and from. In any such case, the Judge may sentence the offender.
  Judicature Act 1908, s 56O Contempt of Federal Court of Australia At any sitting of the Federal Court of Australia in New Zealand, it is an offence for a person to assault, threaten, intimidate or wilfully insult certain members of the court, to wilfully interrupt or obstruct the proceedings or to wilfully and without lawful excuse disobey an order of the court.
  Supreme Court Act 2003, s 35 Contempt of court It is an offence to assault, threaten, intimidate or wilfully insult a member of the court, to wilfully interrupt or obstruct the proceedings or otherwise misbehave or to wilfully and without lawful excuse disobey an order.
  Te Ture Whenua Māori Act 1993, s 90 Power to remove for contempt A person may be detained if he or she wilfully insults a member of the court, wilfully interrupts the proceedings or otherwise misbehaves or wilfully and without lawful excuse disobeys an order or direction of the Judge in the proceedings.
  Te Ture Whenua Māori Act 1993, s 91 Obstructing officers of court It is an offence to wilfully obstruct or interfere with certain members of the court in the execution of his or her powers or duties.
  Resource Management Act 1991, s 282 Power to commit for contempt A person may be detained and imprisoned or fined for wilfully insulting, assaulting, threatening or intimidating a member of the court or wilfully interrupting the proceedings or otherwise misbehaving or wilfully and without lawful excuse disobeying an order of the court.
  Trans-Tasman Proceedings Act 2010, s 50 Contempt of Australian courts or tribunals A person who is at a place in New Zealand from which they are appearing remotely to a proceeding before an Australian court/tribunal commits an offence if they assault certain members of the court/tribunal or if they threaten, intimidate or wilfully insult other certain members or if they wilfully interrupt or obstruct the proceedings or if they wilfully and without lawful excuse disobey any order or direction of the Australian court/tribunal during the proceeding.
Contempt by counsel Armed Forces Discipline Act 1971, s 150G Contempt by counsel Counsel appearing at a military court or tribunal will commit contempt if the same action would be contempt before the High Court. Counsel also commits a contempt if he or she perseveres in the disobedience.
  Lawyers and Conveyancers Act 2006, s 29 Contempt of court A person who purports to provide legal services who is not a lawyer is guilty of an offence and a contempt of court.
Publication contempt Evidence Act 2006, s 86 Restriction of publication It is contempt of court to print or publish any question or evidence in response to the question that the Judge has disallowed without the express permission of the Judge. It is also contempt to print or publish any question or evidence in response to the question that the Judge has informed a witness he or she does not have to answer and has ordered must not be published.