Crown Organisations (Criminal Liability) Act 2002

Criminal liability of Crown organisations

10: Restrictions on privilege against self-incrimination

You could also call this:

"Crown organisations must give evidence or information in court, even if it might incriminate them."

Illustration for Crown Organisations (Criminal Liability) Act 2002

You cannot use the privilege against self-incrimination to stop a Crown organisation from giving evidence or producing something in court. This means the Crown organisation must give evidence or produce something when asked. You can find more information about this in section 9 and section 6. You also cannot use the privilege against self-incrimination to stop a Crown organisation from supplying information or making a statement. This applies to requests made under laws like the Health and Safety at Work Act 2015, the Ombudsmen Act 1975, and the Privacy Act 2020. However, this rule does not affect an individual's right to use the privilege against self-incrimination for their own actions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM156468.

This page was last updated on 2 December 2025 — View changes

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9: Rights and privileges of Crown organisations, or

"Crown organisations have the same rights and privileges as companies when charged with a crime."

11: Crown immunity not to apply in respect of offences under this Act, or

"The government can't use its usual protection to avoid punishment for breaking this law."

Part 1Criminal liability of Crown organisations

10Restrictions on privilege against self-incrimination

Despite section 9 and any other enactment or rule of law, no person may invoke the privilege against self-incrimination on behalf of a Crown organisation as a ground for refusing—
to give any evidence or produce any thing at the hearing of proceedings against a Crown organisation for an offence referred to in section 6; or
to supply information or make a statement in response to any request or requirement to supply information or make a statement made under—
1. section 168 of the Health and Safety at Work Act 2015; or
2. section 19 of the Ombudsmen Act 1975; or
3. section 86 or 87 of the Privacy Act 2020; or
4. section 26 of the Public Finance Act 1977; or
5. section 133 of the Crown Entities Act 2004; or
6. clauses 3 and 4 of Schedule 3 of the Public Service Act 2020; or
7. section 22 of the Resource Management Act 1991; or
a request for official information made in accordance with section 12 of the Official Information Act 1982; or
to supply information requested by—
1. the Minister of the Crown or other person for the time being responsible for the Crown organisation; or
2. a committee of Parliament.

Subsection (1) does not affect any right of an individual to invoke the privilege against self-incrimination in relation to any act or omission of that individual.

Notes

Section 10(1)(b)(i): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
Section 10(1)(b)(iii): replaced, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
Section 10(1)(b)(v): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
Section 10(1)(b)(vi): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
Section 10(1)(b)(vii): replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).