Plain language law

New Zealand law explained for everyone

Parole Act 2002

Parole and other release from detention - Release - General provisions

13AC: Effect of confidentiality order

You could also call this:

"What happens if you break a secrecy order"

Illustration for Parole Act 2002

If you break a confidentiality order on purpose, you can get in trouble with the law. You might have to pay a fine of up to $10,000, or go to prison for up to 3 months, or both. The Board can only hear from someone whose identity is secret if they have a way to keep that person's identity hidden from people who are not allowed to know it. In court, someone whose identity is secret has the right to keep their identity hidden, even if that means not sharing information that could reveal who they are. This rule applies even if other laws, like the Official Information Act 1982 or the Privacy Act 2020, say something different.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138463.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

13AB: Making of confidentiality order, or

"Keeping some information secret to keep people safe"

Next

13AD: If confidentiality order not made, or

"What happens if your private information isn't kept secret"

Part 1Parole and other release from detention
Release: General provisions

13ACEffect of confidentiality order

  1. A person commits an offence, and is liable on conviction to a fine not exceeding $10,000, or to imprisonment for a term not exceeding 3 months, or to both, who intentionally contravenes a confidentiality order.

  2. Despite any other enactment, the Board may hear a person whose identity may not be disclosed under a confidentiality order only if it is satisfied that procedures are in place to ensure that the hearing will not result in the disclosure of the person's identity to any person who is not, in terms of the order, permitted to have access to that information.

  3. In any court proceeding that relates to the confidentiality order or to the related current matter, a person whose identity may not be disclosed under a confidentiality order has a privilege in information that discloses, or may lead to the disclosure of, the person's identity.

  4. This section has effect despite anything in section 13 or 65, the Official Information Act 1982, or the Privacy Act 2020.

Notes
  • Section 13AC: inserted, on , by section 9 of the Parole Amendment Act 2007 (2007 No 28).
  • Section 13AC(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 13AC(4): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).