Supporting Employees Through Criminal Charges | Name Suppression Advice NZ

Employee Criminal Charges and Name Suppression: What Employers Need to Know 

More and more often, I’m hearing from employers who fi nd themselves in unfamiliar territory—an employee is facing criminal charges, and the organisation is unsure how to manage the reputational risks involved.

One of the first questions I’m often asked is:

“Can we apply for suppression to protect the business’s reputation?”

 
The short answer is yes—an employer can support an employee’s application for name or detail suppression. But it’s not a straightforward process, and there are important considerations before going down that path.

What Employers Need to Consider

Suppression applications must be made to the Court, and they must meet a specifi c legal threshold. If the application is unsuccessful, the details may be reported in the media. That risk alone means these decisions need to be made carefully and early, with the right legal guidance.

Some of the key factors I help employers assess include:

• The nature of the charges and whether they’re likely to be reported.
• What details might enter the public domain—and how that could affect the organisation.
• Whether suppression is realistically appropriate in the circumstances.
• How best to support the employee, in collaboration with their defence lawyer, through the application process.

Timing Matters
As with many things in law, the earlier the advice is sought, the better. A proactive approach can give you more options—and a greater ability to manage reputational and operational risks.

What Can You Legally Ask an Employee?
Another common concern for employers is what they’re legally entitled to ask the employee during the criminal process—especially if a suppression order is in place.

This can be a legal minefield. Knowing what you can (and cannot) ask is essential to avoid breaching legal protections or privacy obligations. I regularly advise on how to approach this with care, clarity, and within the law. 

Need Advice?
If you’re an employer dealing with an employee facing criminal charges, or you're unsure how suppression orders might impact your business, I can help.

I offer practical, strategic legal advice for employers navigating sensitive situations—whether you need clarity on suppression, reputational risk, or employee communication.

Get in touch early, and let’s talk through your next best steps.