Chapter 1 ‚Äč

Scope of the review

1.9The Terms of Reference for the Law Commission’s review of contempt of court are set out in Appendix A.

1.10The review mainly focuses on the following forms of the contempt of court powers in New Zealand:

1.11The review will not consider in any detail the suppression of names and evidence, as the Commission has recently dealt with these matters, and the suppression laws were updated as part of the reforms included in the Criminal Procedure Act 2011.4

1.12The protection of journalists’ sources is now dealt with in section 68 of the Evidence Act 2006 and will not be discussed either.

1.13Contempt in the face of the court is discussed in Chapter 3.

1.14For each of the areas of contempt that are the focus of the review, the Commission considers the nature of the contempt, its purpose and whether it adequately reflects the values of the society it seeks to protect. That analysis considers the impact of the Bill of Rights Act, the Internet and new media and whether (or how) the common law could usefully be reflected in legislation.

4Law Commission Suppressing Names and Evidence (NZLC R109, 2009). Legislative amendments incorporating the Government’s response to the Commission’s recommendations were included in the Criminal Procedure Act 2011.