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Social Workers Registration Act 2003

Miscellaneous, transitional, and consequential provisions - Miscellaneous provisions

147B: Privilege

You could also call this:

"Keeping private information secret from the Board"

Illustration for Social Workers Registration Act 2003

If you do not want to give the Board some information or a document, you do not have to if it would be privileged in a court of law. This means it is private and you would not have to share it in court. You also do not have to give the Board information or a document if it is subject to legal professional privilege, which is a rule that protects conversations between lawyers and their clients.

If you refuse to give the Board information or a document because you think it is privileged, the Board or you or someone else involved can ask a District Court Judge to decide if your reason is valid. The Judge can ask to see the information or document to help make a decision.

The Judge has the power to make this request for the purposes of deciding the matter.

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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=LMS457838.

Topics:
Crime and justice > Courts and legal helpRights and equality > Privacy
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Part 8Miscellaneous, transitional, and consequential provisions
Miscellaneous provisions

147BPrivilege

  1. Section 147A does not require a person to give the Board information or a document that—

  2. would be privileged in a court of law:
    1. is subject to legal professional privilege.

      1. If a person refuses to give the Board information or a document on the ground that it is privileged, the Board or that person or another person to whom the information or document relates may apply to a District Court Judge for an order determining whether the claim of privilege is valid.

      2. The Judge may, for the purposes of determining the application, require the information or document to be produced to the court.

      Notes
      • Section 147B: inserted, on , by section 140 of the Social Workers Registration Legislation Act 2019 (2019 No 3).
      • Section 147B(1): amended, on , by section 19 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
      • Section 147B(2): amended, on , by section 19 of the Social Workers Registration Amendment Act 2025 (2025 No 17).