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Inquiries Act 2013

Sanctions and miscellaneous matters - Sanctions able to be imposed by or on behalf of inquiry - Offences and penalties

29: Offences

You could also call this:

"What happens if you break the rules during an inquiry"

Illustration for Inquiries Act 2013

If you intentionally do something wrong during an inquiry, you commit an offence. You do this if you fail to attend the inquiry when you are supposed to, or if you refuse to answer questions or provide evidence. You also commit an offence if you destroy evidence, hinder the inquiry, or fail to follow the rules of the inquiry, including orders made under section 15(1).

You commit an offence if you disrupt the inquiry, stop a witness from giving evidence, or try to influence a witness. You also commit an offence if you give false information to the inquiry or threaten the people involved in it.

However, you do not commit an offence if you cannot follow the rules because of a special right or protection you have, or if another law or court order stops you from doing something. You also do not commit an offence if following the rules would make it harder for the police or courts to do their job, or if it would not be fair to someone involved in the inquiry.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1566174.

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Part 4Sanctions and miscellaneous matters
Sanctions able to be imposed by or on behalf of inquiry: Offences and penalties

29Offences

  1. Every person commits an offence who intentionally—

  2. fails to attend the inquiry in accordance with the notice of summons:
    1. refuses to be sworn or to affirm and give evidence:
      1. fails to produce any document or thing required by order of the inquiry:
        1. destroys evidence or obstructs or hinders any person authorised to examine, copy, or make a representation of a document or thing required by order of an inquiry:
          1. fails to comply with a procedural order or direction of an inquiry, including an order made under section 15(1):
            1. disrupts the proceedings of an inquiry:
              1. prevents a witness from giving evidence or threatens or seeks to influence a witness before an inquiry:
                1. provides false or misleading information to an inquiry:
                  1. threatens or intimidates an inquiry, a member of an inquiry, or an officer of an inquiry.

                    1. However, a person does not commit an offence under subsection (1)(a) to (e) if—

                    2. compliance would be prevented by a privilege or immunity that the person would have as a witness or counsel, were that person giving evidence or acting as counsel in civil proceedings before a court; or
                      1. compliance is prevented by an enactment, rule of law, or order of a court prohibiting or restricting disclosure, or the manner of disclosure, of any document, information, or thing; or
                        1. compliance would be likely to prejudice the maintenance of the law, including the prevention, detection, investigation, prosecution, or punishment of offences, including the right to a fair trial.