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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Privilege and confidentiality - Examination orders and production orders

139: Other privileges

You could also call this:

"Claiming the right to stay quiet or keep information secret"

If someone has an examination order or a production order made against them, they have the same privileges as they would in a criminal court case. You can claim a privilege to stop you from answering questions or giving information, but the Commissioner or an enforcement officer can ask a Judge to decide if your claim is valid. The Judge can ask to see the information or documents to help make a decision.

If you claim a privilege, the Judge can say no to your claim if they think it would not be allowed in a normal court case, based on what is said in section 67(1) of the Evidence Act 2006. The Judge makes this decision when the Commissioner or an enforcement officer asks them to. You have to follow the Judge's decision about your privilege claim.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136848.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpRights and equality > Privacy
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"You have the right to stay quiet if answering a question might get you in trouble."

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140: Effect of privilege on surveillance conducted under this Act, or

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Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: Examination orders and production orders

139Other privileges

  1. If a person against whom an examination order or a production order is made could, in a criminal proceeding, assert a privilege recognised for the purposes of this subpart, the person is taken to have the same privilege in respect of either order.

  2. If any person refuses to disclose any information on the ground that it is privileged under this section, the Commissioner or other enforcement officer concerned may apply to a Judge of the appropriate court for an order determining whether or not the claim of privilege is valid.

  3. For the purpose of determining any application, the Judge of the appropriate court may require the information or document to be produced to him or her.

  4. A Judge of the appropriate court must, on the application of the Commissioner or other enforcement officer, disallow a privilege claim 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.