Trade Marks Act 2002

Legal proceedings - Enforcement officers - Miscellaneous

134ZC: Privilege against self-incrimination

You could also call this:

"Your right to not say things that could get you into trouble"

If someone tells you to give them information under section 134Y of the Trade Marks Act, you still have the right to not say things that might get you in trouble. This is called the privilege against self-incrimination, and it's explained in section 60 of the Evidence Act 2006.

If you want to use this privilege, you need to say that you're using it because of section 60 of the Evidence Act 2006.

If you refuse to show a document because you think it might get you in trouble, a police officer or enforcement officer can ask a judge to decide if you're right. You'll need to give the judge enough information to help them decide if showing the document really might get you in trouble.

It's important to know that you can still choose to give up this privilege if you want to, as explained in section 65 of the Evidence Act 2006.

Lastly, section 63 of the Evidence Act 2006 doesn't apply when someone tells you to give them information under section 134Y of the Trade Marks Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4125662.


Previous

134ZB: Powers of Police, or

"Police officers can act like trade mark enforcement officers"


Next

134ZD: Other privileges, or

"Rules about keeping some trade mark information private"

Part 4Legal proceedings
Enforcement officers: Miscellaneous

134ZCPrivilege against self-incrimination

  1. An order under section 134Y does not affect the privilege against self-incrimination that an individual may have under section 60 of the Evidence Act 2006.

  2. Any assertion of a privilege against self-incrimination must be based on section 60 of the Evidence Act 2006.

  3. If any individual refuses to produce a document on the ground that it is a privileged communication under section 60 of the Evidence Act 2006, an enforcement officer or a constable may apply to a District Court Judge for an order determining whether the claim of privilege is valid; and, in respect of any such application, the individual must offer sufficient evidence to enable the District Court Judge to assess whether self-incrimination would be reasonably likely if the individual produced the document.

  4. To avoid doubt, nothing in this section affects the application of section 65 of the Evidence Act 2006 (which relates to waiver of privilege) in respect of the privilege against self-incrimination that a person may have under section 60 of that Act.

  5. Section 63 of the Evidence Act 2006 does not apply to an order made under section 134Y.

Notes
  • Section 134ZC: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).