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Oranga Tamariki Act 1989

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

65: Use of documents in subsequent proceedings

You could also call this:

"What happens to documents you give to help with an investigation when they're used in court later"

Illustration for Oranga Tamariki Act 1989

If you have to give documents to help with an investigation, you might wonder if those documents can be used in court later. You should know that some documents are not allowed to be used as evidence in court because of special rules or privileges. If a document was only given because of a special order under section 61, it cannot be used as evidence if it wouldn't have been allowed normally.

If a document or information was obtained because someone had to give documents under section 61, you cannot refuse to use it as evidence just because of that. This means that even if a document or information was given because of a special order, it can still be used in court. You can use the document or information as evidence in court, and no one can stop you just because of how it was obtained.

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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=DLM150048.

Topics:
Crime and justice > Courts and legal help
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64: Document produced under section 61 not to be used for any other purpose, or

"Documents given to you under section 61 can only be used for a specific purpose and not shared with others."

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65A: Purpose of information sharing and principle for information sharing decisions, or

"Sharing information to help keep children and young people safe and well."

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

65Use of documents in subsequent proceedings

  1. No document produced, pursuant to an order under section 61, is admissible as evidence in any proceedings under this Act or any other Act if, but for the provisions of section 62, that document could not, by virtue of any enactment, rule of law, or privilege, have been ordered to be so produced.

  2. No document or information shall be privileged from being given in evidence in any proceedings under this Act or any other Act, and no objection to the admissibility of any document or information in any such proceedings shall be upheld, merely because the document or information was obtained as a result of the production of any document pursuant to an order under section 61.

Notes
  • Section 65(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).