Before You Make The News: What You Need to Know About Name Suppression
Name Suppression in Criminal Cases: What You Need to Know
For professionals and public figures facing criminal charges, the reputational impact of having their name published in connection with proceedings can be immediate and far-reaching. In many cases, reputational harm occurs well before any determination of guilt or innocence. For individuals in positions of public trust—such as doctors, lawyers, business executives, entertainers, and politicians—discretion and damage control become critical from the very first court appearance.
This article outlines the legal framework for applying for name suppression in New Zealand, including the thresholds for interim and permanent suppression orders, and how a strategic approach can help protect your privacy and professional standing during what is often the most difficult period of your life.
What Is Name Suppression?
Name suppression refers to a court order that prohibits the publication of a person’s name or identifying details in connection with a criminal case. It can be interim (temporary) or permanent, and it may apply to a defendant, complainant, or witness.
The law governing suppression is found in the Criminal Procedure Act 2011, and the courts apply a structured test when deciding whether to grant such an order. An application for name suppression requires the court to balance a defendant’s presumption of innocence with the principles of open justice. It can be a delicate balance particularly in high-profile cases.
How Is the Media Prevented from Publishing Your Name If You Have Interim Name Suppression?
When a court grants interim name suppression in a criminal case, it issues a formal order prohibiting the publication of your name or any identifying details. This order is legally binding and applies to all members of the public, including mainstream media outlets, bloggers, social media users, and even private individuals.
The Suppression Order is communicated directly to accredited media through court systems and is generally noted in the court file. Journalists and media organisations are expected to check for any suppression orders before publishing any material relating to a criminal proceeding. Breaching a suppression order is a criminal offence under section 211 of the Criminal Procedure Act 2011, and can result in substantial fines for individuals and organisations, as well as potential criminal liability.
Importantly, suppression orders are not limited to traditional media. Posting identifying information online—such as on Facebook, Instagram, Twitter (X), or in online forums—can amount to a breach, even if the person posting is not a journalist. In some cases, individuals have been prosecuted for naming defendants or complainants online in defiance of suppression orders.
If interim name suppression is in place, your name should not appear in media reports, court reporting services, or online coverage of your case. However, the practical enforcement of suppression sometimes requires vigilance—especially in high-profile or fast-moving cases. This is one reason why having experienced legal counsel is vital: your lawyer can monitor media reporting and, if necessary, act swiftly to enforce the suppression order or bring breaches to the attention of the authorities or the court.
Interim Name Suppression: Immediate Protection
First Appearance – Lower Threshold
At your first appearance in court, the law allows the court to grant interim name suppression on a lower threshold. This is often done to prevent immediate media coverage before a full application can be prepared. The application may be made orally, and the court need only be satisfied that there is an arguable case that one of the grounds for suppression may apply in the circumstances.
This window of opportunity can be critical. In high-profile or sensitive cases, early intervention can prevent irreparable harm to your reputation, business interests, and professional relationships.
Ongoing Interim Suppression – Higher Threshold
If you seek to extend interim suppression beyond the first appearance, the law requires a more rigorous approach. You must demonstrate that publication would be likely to cause:
Extreme hardship to yourself or someone connected to you;
Cast suspicion on another person that may cause undue hardship;
Undue hardship to any complainant;
A real risk of prejudice to your right to a fair trial;
A real risk of endangerment to any person’s safety;
A real risk of prejudice to the maintenance of the law or national security.
At this stage, the court will expect formal evidence to have been filed which details the nature and extent of the anticipated harm. This is normally presented in an affidavit (sworn statement) or other formal documentation. For professionals, this often involves showing how publicity could lead to the loss of your employment, significant consequences for your business or career, or long-term reputational damage that far exceeds the alleged conduct or would cause irreparable damage even if they were later acquitted.
Permanent Name Suppression: Long-Term Protection
A permanent suppression order prevents publication indefinitely or for a defined period . The test is the same as that for ongoing interim suppression, and it is strictly applied. But the difference is that by the time an application for permanent name suppression is considered a person has either pleaded guilty, been found guilty or been acquitted. If offending has been proven, then the court must take this into account when considering whether a permanent order for name suppression is appropriate. Likewise if the person has been acquitted.
The court must be satisfied that publication is likely to result in one of the consequences outlined above—particularly extreme hardship—and that the public interest in open justice does not outweigh the need for suppression. In practical terms, this means that generic reputational damage or professional embarrassment will not be enough. The hardship must be exceptional (hardship well beyond the normal consequences of publication) and backed by compelling evidence. Courts have recognised that for professionals, the stakes may be especially high: adverse publicity can result in disciplinary action, commercial fallout, and irreparable harm to future career prospects.
Special Categories with Automatic Suppression
Certain individuals benefit from automatic name suppression under the law, including:
Complainants in sexual cases;
Children under 18 who are complainants or witnesses;
Parties to proceedings in the Family or Youth Court.
This form of suppression generally does not require an application and applies regardless of the circumstances. If an application is required then it is normally brought by the prosecutor (whether that be the Police, Crown or other enforcement agency).
Strategic Legal Advice Is Essential
If you are a professional or public figure facing criminal allegations, the timing and preparation of your name suppression application are crucial. In many cases, a well-prepared interim application made at the first appearance can provide valuable breathing room, allowing your legal team to prepare a full evidentiary foundation for continued or permanent suppression. But, careful and thorough preparation is still required at an early stage.
Affidavits may include evidence from employers, professional bodies, media advisors, or psychological experts. The goal is to demonstrate not just the likelihood of reputational harm, but the broader and disproportionate impact publication would have on your life, livelihood, and standing in the community. This is particularly important will you await trial and are presumed to be innocent.
Conclusion
Being charged with a criminal offence is stressful for anyone—but for professionals, the risk of reputational damage can be devastating, even where the allegations are ultimately proven to be unfounded. Name suppression exists to prevent that damage in appropriate cases, but the legal threshold is high and the process requires a strategic, evidence-based approach.
If you are facing criminal proceedings and are concerned about the impact of publicity, seek advice from a specialist criminal defence lawyer at the earliest opportunity. An experienced advocate can help you prepare a compelling application for suppression and safeguard your privacy, career, and reputation from the outset.
About the Author
Steven Lack is a leading criminal defence barrister based in Auckland. He has a significant amount of experience in dealing with high-profile and complex cases. With a strategic and meticulous approach, he provides expert legal representation for clients facing complex criminal charges.
For more information about Steven’s practice, visit About. If you need expert legal advice, explore the Legal Services he offers or Contact him directly.