Exclusions and transparency

Have we really left behind the secret courts of the Inquisition, the Star Chamber, and the High Commission? In theory, yes. In practice, shadows of secrecy still fall across the justice system.

- David Harvey

Courts routinely affirm that “justice must be seen to be done.” Yet in New Zealand, a growing patchwork of restrictions - non-publication orders, closed hearings and limits on media access - has quietly drawn shutters across the windows of open justice.

Under the Criminal Procedure Act, judges may suppress names, evidence or entire judgments. These powers, originally intended to protect victims or ensure fair trials, now frequently shield parties from embarrassment.

Beyond that are injunctions that halt public discussion - like the one preventing media, police, and Oranga Tamariki from speaking about the Tom Phillips case.

Access to court documents is also tightly controlled. Applications by journalists to view pleadings or evidence are often refused, leaving reporters to rely on filtered courtroom summaries rather than the primary record.