Trade Marks Act 2002

Legal proceedings - Border protection measures - Enforcement powers of Customs officers

155H: Privilege against self-incrimination

You could also call this:

"The right to not say things that might get you in trouble"

You have the right to not say things that might get you in trouble. This is called the privilege against self-incrimination. Even if a Customs officer asks you to give information, show documents, or answer questions, you can still use this right.

If you want to use this right, you need to say it's because of a specific law called section 60 of the Evidence Act 2006.

If you refuse to give information, show documents, or answer questions because you think it might get you in trouble, a Customs officer or police officer can ask a judge to decide if you're allowed to do that. You'll need to show the judge why answering might get you in trouble.

You can choose to give up this right if you want to. There's a law about that too.

There's one more thing to know: a different law about privilege doesn't apply when a Customs officer asks for information in a special way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4125679.


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155G: Issue of search warrants to Customs officers, or

"Customs officers can ask for permission to search places for things that break import rules"


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155I: Other privileges, or

"Keeping some information private when Customs officers investigate"

Part 4Legal proceedings
Border protection measures: Enforcement powers of Customs officers

155HPrivilege against self-incrimination

  1. A notice under section 155B or 155C, or an order under section 155E, 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 any information or document or to answer any question on the ground that it is a privileged communication under section 60 of the Evidence Act 2006, a Customs 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 information or the document or answered the question.

  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 155E.

Notes
  • Section 155H: inserted, on , by section 23 of the Trade Marks Amendment Act 2011 (2011 No 71).