Law Commission Commences Review Of Contempt Of Court

The rules governing the conduct of jurors are to be reassessed as part of a wide-ranging review of New Zealand’s contempt law being undertaken by the Law Commission.

In New Zealand, as in other common law jurisdictions, jurors are supposed to rely exclusively on the evidence put before the court when reaching their verdicts. There are also restrictions on the disclosure of jury deliberations.

Judge Peter Boshier, the Law Commissioner leading the review, says these judge-made rules are intended to protect the integrity of the justice system, including the right of a defendant to a fair trial and the finality of a verdict. However they were not always well understood and were increasingly difficult to enforce.

“In the context of the information revolution the law of contempt can sometimes seem archaic.

“And there can be no doubt that the advent of social media and digital communication technologies present real challenges in this arena, both as a matter of principle and practicality.”

“That said the public has a vital interest in ensuring that the fundamental principles underpinning our justice system, including the integrity of the jury trial and the authority of the court is not undermined.”

Judge Boshier said while juror contempt was an important issue, contempt of court could take many forms, including the dissemination of information likely to prejudice a fair trial, deliberate breach of court orders or rulings, and acts or publications intended to undermine the authority of a court or a judge.The object of the Law Commission’s review was to assess whether the body of contempt law, which is largely judge made, was still justifiable in principle, coherent and accessible to the public, and enforceable.

“Among the issues we will be focusing on is the extent to which some aspects of the law of contempt can be reconciled with the New Zealand Bill of Rights Act and with the realities of the modern communications environment.”

Judge Boshier says the Law Commission will be consulting widely with interested parties, including the judiciary, the legal profession and both mainstream and new media. He expected an issues paper would be published in the first quarter of 2014 followed by a final report.

-ENDS-

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