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Oranga Tamariki Act 1989

Care and protection of children and young persons - Production of documents relevant to investigation

62: Section 61 to apply notwithstanding any enactment or rule of law

You could also call this:

"You must share documents when asked, even if another law says to keep them secret."

Illustration for Oranga Tamariki Act 1989

If you are asked to produce documents under section 61 of the Oranga Tamariki Act 1989, you must do so. This is even if another law or rule says you should keep the information secret. You will not be breaking any rules by sharing the information.

You cannot refuse to produce a document under section 61 because you think it might get you in trouble. You also cannot refuse to produce a document because you think you have a special right not to share it in court. You have to produce the document, as long as you are following the rules set out in section 59(4) and section 61 of the Oranga Tamariki Act 1989, which you can find by following the links to section 59(4) and section 61.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150045.

Topics:
Rights and equality > PrivacyFamily and relationships > Children and parenting
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61: Court may order document to be produced, or

"The court can ask someone to share an important document to help keep a child safe."

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63: Right to remove, retain, and make copies of document produced under section 61, or

"You can take and copy a document shown to you for inspection"

Part 2Care and protection of children and young persons
Production of documents relevant to investigation

62Section 61 to apply notwithstanding any enactment or rule of law

  1. Subject to section 59(4), section 61 applies notwithstanding any enactment, or any rule of law, that obliges any person to maintain secrecy in relation to, or not to disclose, any matter, and any compliance with that section is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment or rule of law by which that obligation is imposed.

  2. Subject to section 59(4), no person shall be excused from producing any document under section 61—

  3. on the ground that the production of that document could or would tend to incriminate that person or subject that person to any penalty or forfeiture; or
    1. on the ground of any other privilege that could otherwise be claimed by that person in relation to the production of the document in any proceedings in a court.