Family Court proceedings often involve highly personal information about children, families and vulnerable people. New Zealand law places restrictions on publishing information from Family Court proceedings, including information contained in affidavits.
Whether you can show your Family Court documents with someone else depends on who you want to share it with, why you are sharing it and the information contained in the document.
The General Rule
The Family Courts Act 1980 restricts the publication of Family Court information that could identify:
- A person under 18 years of age involved in the proceedings; or
- A vulnerable person involved in the proceedings
Generally, you require specific permission from the Court before you are able to publish any information relating to family court proceedings.
What Counts as “Publishing”?
“Publication” is a very broad concept and can include:
- Posting documents or information on social media;
- Sharing information on a website or blog;
- Uploading content to YouTube or other online platforms;
- Sending information to a large group of people;
- Distributing copies of court documents more widely than necessary
Publication restrictions can apply whether you share an entire affidavit, a screenshot, extracts from a document, or simply describe the contents of Family court proceedings.
Seeking Advice and Limiting Disclosure
If you are considering sharing an affidavit or any other Family Court document, it is important to seek legal advice first. These documents are usually confidential to the Family Court process. A brief discussion with a lawyer can help you understand your obligations and avoid unintentionally breaching publication restrictions. It is likely that you will need to make a formal application for permission prior to being able to share family court documents.
In some circumstances, it may be appropriate to share information with a trusted support person or professional, such as a counsellor or accountant. Before doing so, you should consider whether it is necessary and appropriate. Where information needs to be disclosed for a legitimate purpose, care should be taken to remove any details that could identify a person under 18 years of age, or a vulnerable person involved in the proceedings.
What Happens if you Breach?
A person who breaches the publication restrictions may commit a criminal offence.
Potential penalties include:
- Up to 3 months’ imprisonment; or
- A fine of up to $2,000 for an individual
Companies and other organisations can face fines of up to $10,000
The Safest Approach
If your document relates to Family Court proceedings, the safest course is to treat it as confidential, especially when children or vulnerable persons are identified, unless you have received legal advice confirming that sharing it is appropriate.