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Broadcasting Act 1989

Complaints - Evidence

19A: Admissibility of evidence

You could also call this:

"What can and can't be used as evidence in court"

Illustration for Broadcasting Act 1989

When you are in court, some things cannot be used as evidence against you. You cannot use a broadcaster's response to a complaint made under this Part as evidence. You also cannot use statements made or answers given by people when a complaint is being considered or during proceedings before the Authority, or decisions made by the Authority on complaints, or determinations made by the High Court on appeals under section 18, as evidence against someone in court, except in certain cases like perjury under the Crimes Act 1961. This rule applies to all courts and inquiries, and it helps keep some information private.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM157452.

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Part 2Complaints
Evidence

19AAdmissibility of evidence

  1. Except in any proceedings for perjury within the meaning of the Crimes Act 1961 in respect of sworn testimony given before the Authority or in any proceedings for the enforcement of an order made under this Part,—

  2. no response made by a broadcaster to any complaint made under this Part; and
    1. no statement made or answer given by any person—
      1. in the course of the consideration of any complaint made under this Part; or
        1. in the course of any proceedings before the Authority in relation to any complaint made under this Part; and
        2. no decision of the Authority on any complaint made under this Part; and
          1. no determination of the High Court on any appeal made under section 18,—
              1. shall be admissible in evidence against any person in any court or in any inquiry or other proceedings.

            Notes
            • Section 19A: inserted, on , by section 4 of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).