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Trade Marks Act 2002

Legal proceedings - Enforcement officers - Miscellaneous

134ZD: Other privileges

You could also call this:

"Rules about keeping some trade mark information private"

You have certain rights to keep some information private when people are examining or searching for trade mark information. These rights are called privileges. If you could claim these privileges in a criminal case, you can also claim them when someone is examining or searching for trade mark information.

If you have records of your business accounts, there are special rules about keeping those private. However, even if you have the right to keep information between you and your lawyer private, this doesn't stop people from searching for or using that information in some cases related to trade marks.

If you have a privilege, you can stop people from looking at or taking the private information. If they've already taken it, you can ask for it back while they decide if your claim of privilege is valid.

If you claim a privilege, an enforcement officer or police officer can ask a judge to decide if your claim is valid. The judge might need to look at the information to make this decision.

A judge can decide not to allow your claim of privilege if they think it wouldn't be allowed in a court case. Also, if you choose to share the private information with someone else, you might lose your right to keep it private in the future.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4125664.

Topics:
Business > Intellectual propertyRights and equality > Privacy
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134ZC: Privilege against self-incrimination, or

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

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134ZE: Disclosure of information, or

"Sharing information to help catch trade mark criminals"

Part 4Legal proceedings
Enforcement officers: Miscellaneous

134ZDOther privileges

  1. If, in a criminal proceeding, a person could assert a privilege under section 54 or 56 of the Evidence Act 2006 in respect of a communication or information, that person has the same privilege for the purposes of an examination under section 134D, a search warrant issued under section 134F, and an order made under section 134Y.

  2. Subsection (3) applies to documents that are books of account or accounting records referred to in section 55(1) of the Evidence Act 2006.

  3. The application, by subsection (1), of section 54 of the Evidence Act 2006 (which relates to the privilege for communications with legal advisers) does not prevent, limit, or affect—

  4. the issue or execution of a search warrant under section 134F; or
    1. the making of an order under section 134Y; or
      1. the admissibility, in a criminal proceeding under this Act, of any evidence that relates to the contents of a document to which this subsection applies obtained as a result of a search warrant issued under section 134F or an order made under section 134Y.

        1. A person who has a privilege under this section has the right—

        2. to prevent the examination under section 134D, or the search under a warrant issued under section 134F, or to refuse production under an order made under section 134Y, of any communication or information to which the privilege would apply if it were sought to be disclosed in a criminal proceeding; and
          1. to require the return of any such communication or information if it is seized by a person exercising the power of examination under section 134D or search under a warrant issued under section 134F pending determination of the claim to privilege.

            1. If a person asserts a claim to privilege under this section in respect of any communication or information, an enforcement officer or a constable may apply to a District Court Judge for an order determining whether or not the claim to privilege is valid; and, for the purpose of determining any such application, the District Court Judge may require the communication or information to be produced to him or her.

            2. A District Court Judge may, on the application of an enforcement officer or a constable, disallow a privilege claimed under this section if the Judge is satisfied that the claim to privilege would, under section 67(1) of the Evidence Act 2006, be disallowed in a proceeding.

            3. Section 65 of the Evidence Act 2006 (which relates to waiver of privilege) applies in respect of any privilege under this section.

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