IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI 2013-463-000106 [2014] NZHC 281
BETWEEN BEACON MEDIA GROUP LIMITED
Appellant
AND
EDWARD TAIKA WAITITI Respondent
Hearing: 5 February 2014
(Heard at Tauranga)
Appearances:
R K P Stewart for the Appellant
C M Andersen for the RespondentJudgment:
26 February 2014
JUDGMENT OF GILBERT J
This judgment is delivered by me on 26 February 2014 at 10am pursuant to r 11.5 of the High Court Rules.
..................................................... Registrar / Deputy Registrar
BEACON MEDIA GROUP LIMITED v WAITITI [2014] NZHC 281 [26 February 2014]
Introduction
[1] On 21 November 2013 Judge L M Bidois sentenced Edward Taika Waititi in the Whakatane District Court to a term of 40 months’ imprisonment following his guilty pleas to six charges including cultivation and supply of cannabis. The Judge declined Mr Waititi’s application for name suppression but made an order prohibiting the publication in connection with the sentencing of the name, address, occupation, relationship and any other identifying features of any of Mr Waititi’s relatives. Beacon Media Group Limited, which publishes the newspaper, the Whakatane Beacon, appeals against this suppression order.
Statutory Context
[2] The Judge made the suppression order pursuant to s 202 of the Criminal
Procedure Act 2011 which relevantly provides:
202Court may suppress identity of witnesses, victims, and associated persons
(1) A court that is hearing a proceeding in respect of an offence may make an order forbidding publication of the name, address, or occupation of any person who—
(a) is called as a witness; or
(b) is a victim of the offence; or
(c) is connected with the proceedings, or is connected with the person who is accused of, or convicted of, or acquitted of the offence.
(2) The court may make an order under subsection (1) only if the court is satisfied that publication would be likely to—
(a) cause undue hardship to the witness, victim, or connected person; or
(b) create a real risk of prejudice to a fair trial; or
(c) endanger the safety of any person; or
(d) lead to the identification of another person whose name is suppressed by order or by law; or
(e) prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or
(f) prejudice the security or defence of New Zealand.
[3] Subsection (1) applies whether or not the court has made an order under s 200 suppressing the identity of the defendant.
[4] An order under subsection (1) suppressing the identity of a witness, victim, or connected person may not prevent publication of the name of the defendant (which can only be prohibited by an order made under s 200) or the nature of the charge.
[5] Unlike s 140 (1) of the Criminal Justice Act 1985, which conferred an unfettered discretion on the Court to make suppression orders in respect of anyone connected with the proceeding, s 202 of the new Act restricts the Court’s power to make such an order to those cases where at least…
Keep reading for free
Create a free CaseChat account to read Beacon Media Group Ltd v Waititi and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] NZHC 281
- Decision Date
CaseChat Overview and Summary
The final orders of the court were to set aside the original suppression order made by Judge Bidois and replace it with an order pursuant to section 202(1)(c) of the Criminal Procedure Act 2011, forbidding publication of the name, address, or occupation of X in connection with the conviction or sentencing of Edward Taika Waititi.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.