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Independent Police Conduct Authority Act 1988

Proceedings of Authority

25: Protection and privileges of witnesses, etc

You could also call this:

"Keeping You Safe When You Share Information with the Authority"

Illustration for Independent Police Conduct Authority Act 1988

When you give information to the Authority, you have the same rights as a witness in court. You can say what you know and show documents without worrying about getting in trouble. If you have a secret you must keep, you still have to tell the Authority what they ask. If you tell the Authority something, you will not get in trouble for breaking a secret. You will not be charged with a crime for telling the Authority what they want to know, except in some special cases. If you lie to the Authority, you can still get in trouble. What you say to the Authority cannot be used against you in court, except in some special cases. If the Authority asks you to come and talk to them, you can get paid like a witness in court. The Authority can decide how much you get paid for talking to them, using the same rules as a court would.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM126299.

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26: Disclosure of certain matters not to be required, or

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25Protection and privileges of witnesses, etc

  1. Except as provided in subsection (2) and in section 26(2), every person shall have the same privileges in relation to the giving of information to the Authority, the answering of questions put by the Authority, and the production of documents and things to the Authority, as witnesses have in any court.

  2. Where the Authority requires any person to give any information or produce any document or thing, and compliance with that requirement would breach an obligation of secrecy or non-disclosure imposed on that person by or under any enactment,—

  3. the existence of the obligation shall not constitute a ground for refusal or failure to give the information or produce the document or thing, as the case may be; and
    1. compliance with any such requirement is not a breach of the relevant obligation of secrecy or non-disclosure, or of the enactment or provision by which that obligation is imposed.

      1. No person shall be liable to prosecution for an offence against any enactment, other than section 37, by reason of that person's compliance with any requirement of the Authority under section 24.

      2. Except in proceedings for perjury within the meaning of the Crimes Act 1961 in respect of sworn testimony given before the Authority, or for an offence against section 37,—

      3. no statement made or answer given by any person in the course of any investigation by or proceedings before the Authority shall be admissible in evidence against that or any other person in any court or in any inquiry or other proceeding; and
        1. no evidence in respect of proceedings before the Authority shall be given against any person.

          1. Where the attendance of any person is required by the Authority under section 24, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,—

          2. the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply accordingly; and
            1. the Authority shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations.

              Notes
              • Section 25(5): amended, on , by section 20 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
              • Section 25(5)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).