Neme Suppression: Privacy, Reputation and Fair Trial (Paper)

Materials comprised of Paper

Name suppression – or its removal – has recently been in the spotlight in some newsworthy cases. With suppression come interrelated and countervailing interests. On the one hand, clients wish to protect their reputation and privacy, their right to a fair trial and due process. On the other hand, an open system of justice demands that the public is entitled to know what occurs in our courts and proceeds on the principle that members of the public should be trusted to reach their own informed views cognisant of the presumption of innocence.

With reference to recent case law both in New Zealand and overseas, the presenters will address the statutory and tortious framework, strategic considerations and the unenviable balancing act required.

Learning outcomes:

·         Refresh your understanding of the statutory framework for suppression and enforcement of orders.

·         Develop a better understanding of policy and the competing interests at play, and how the Courts approach and attempt to balance these.

·         Gain insights into the use of the tort of invasion of privacy, pre-charge and post-charge; and the tactic of putting the media on notice upon arrest.

·         Consider the interrelationship with contempt of court arguments.

Who should attend?

Those practising in criminal law and civil litigation, those wishing to protect reputational and due process rights of clients, and anyone else with an interest in this compelling area of law.

Presenters: Bruce Gray QC; Rachael Reed QC