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Inquiries Act 2013

Duties, powers, immunities, and privileges - Evidential matters

23: Power to summon witnesses

You could also call this:

"Asking someone to come to an inquiry to share information and what they must do"

Illustration for Inquiries Act 2013

If you are part of an inquiry, you can ask someone to come and give evidence. You must ask them in writing. You need to tell them where and when to come, and what documents or things to bring with them. You also need to tell them they can get paid for costs and travelling expenses, as stated in section 25, and what might happen if they do not come.

When you ask someone to give evidence, you are giving them a witness summons. You are telling them they must attend and give evidence to the inquiry. The witness summons has important information that you must include.

The information includes what might happen if the person does not attend, and that they can get paid for coming. You must give them all the details they need to know. This is so they know what to expect and what they have to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1566163.

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22: Disclosure of evidence, or

"Sharing information in an inquiry: what can be shared and how it can be used"

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24: Service of summons to witnesses, or

"How a witness gets a summons to attend an inquiry"

Part 3Duties, powers, immunities, and privileges
Evidential matters

23Power to summon witnesses

  1. An inquiry may issue a witness summons in writing to any person, requiring that person to attend and give evidence before the inquiry.

  2. The witness summons must state—

  3. the place where, and the date and time when, the person is to attend; and
    1. the documents or things in that person's possession or control that he or she is required to produce to the inquiry; and
      1. the person's entitlement to be paid costs and travelling expenses, in accordance with section 25; and
        1. the penalty for failing to attend.