Criminal Procedure Act 2011 Westlaw LexisNexis
See s 200(2) Publication has to be likely to:
From Robertson v Police [2015] NZCA 7 (beginning at [39]):
The section contemplates a two stage analysis. Stage one is a threshold determination. Stage two is a discretionary assessment.
At the first stage, the judge must consider whether he or she is satisfied that any of the threshold grounds listed in 200(2) has been established. That is to say, whether publication would be likely to lead to one of the outcomes listed in subs (2). The listed outcomes are prerequisites to a court having jurisdiction to suppress the name of a defendant. It is “only if” one of the threshold grounds has been established that the judge is able to go on to the second stage.
At the second stage, the judge weighs the competing interests of the applicant and the public, taking into account such matters as whether the applicant has been convicted, the seriousness of the offending, the views of the victims and the public interest in knowing the character of the offender.