Section 139 — Care of Children Act 2004: Publication of reports of proceedings

139 Publication of reports of proceedings (1) A person may publish a report of proceedings (other than criminal proceedings) under this Act if the report does not include any name or particulars likely to lead to the identification of any of the following: (a) a child who is the subject of the proceedings: (b) the parties to the proceedings: (c) a person who is related to, or associated with, a party to the proceedings, or who is, or may be, in any other way concerned in the matter to which the proceedings relate (for example, a support person for the party): (d) a witness in the proceedings or a person the Court agrees to hear under section 136 . (2) A person may also publish a report of proceedings under this Act (other than criminal proceedings) with the leave of the Court that heard the proceedings. (3) The Court may grant leave under subsection (2) subject to conditions the Court determines. (4) A person may also publish a report of proceedings under this Act (other than criminal proceedings) in a publication that— (a) is genuinely of a professional or technical nature; and (b) is intended for circulation among members of the legal or medical professions, officers of the Public Service, psychologists, advisers in the sphere of relationship counselling, or social workers. (5) In subsection (4)(b) , psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology. (6) No report under subsection (4) may include the name of a child who is the subject of the proceedings, or the name of any of the parties to the proceedings. (7) No person may publish a report of proceedings under this Act (other than criminal proceedings) except as provided in subsection (1) or subsection (2) or subsection (4) . (8) Every person who contravenes subsection (7) commits an offence against this Act and is liable on summary conviction,— (a) in the case of an individual, either to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000: (b) in the case of a body corporate, to a fine not exceeding $10,000. (9) Nothing in this section limits— (a) any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or (b) the power of a court to punish any contempt of Court. Compare: 1968 No 63 s 27A