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Oranga Tamariki Act 1989

Care and protection of children and young persons - Counselling

77: Privilege

You could also call this:

"What you tell a counsellor is private and protected by law"

Illustration for Oranga Tamariki Act 1989

When you talk to a counsellor, what you say is private. The counsellor cannot tell anyone what you said, unless they need to as part of their job. If they do tell someone without a good reason, they can get in trouble and have to pay a fine of up to $1,000.

If you tell a counsellor something, they cannot use that information in court against you. This rule is in place to protect you when you are talking to a counsellor because of a direction made under section 74. This means you can feel safe talking to a counsellor about your problems.

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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=DLM150066.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Privacy
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78: Custody of child or young person pending determination of proceedings or in urgent cases, or

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Part 2Care and protection of children and young persons
Counselling

77Privilege

  1. No evidence shall be admissible in any court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of carrying out that person's functions as a counsellor pursuant to a direction made under section 74.

  2. Except to the extent that it is necessary for a counsellor to do so in the proper discharge of that person's functions, every person who acts as a counsellor pursuant to a direction made under section 74 commits an offence and is liable on conviction to a fine not exceeding $1,000 who discloses to any other person any information, statement, or admission received by or made to that person in the exercise of that person's functions pursuant to such a direction.

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Notes
  • Section 77(2): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).