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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Mediation conferences

176: Privilege

You could also call this:

"What you say in a mediation meeting is private and can't be used in court, except in some special cases."

Illustration for Oranga Tamariki Act 1989

When you are in a mediation conference, what you say is private. No court or person acting like a judge can use what you said in a mediation conference as evidence. This means you can talk freely without worrying about what you say being used against you in court.

But there are some exceptions to this rule. If a Family Court Judge writes something down under section 173, or if you agree to something under section 174, then those things can be used in court. This also applies if someone is reviewing an order that was made in a mediation conference.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151611.

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"The court can make you attend a meeting to sort out a problem if you don't go voluntarily."

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Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Mediation conferences

176Privilege

  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 a mediation conference.

  2. Nothing in subsection (1) applies to a record made by a Family Court Judge under section 173, or to any consent order made under section 174, or to any proceedings for the review of any such order.

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