Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Privilege and confidentiality - Admission of evidence generally

148: Admission of evidence

You could also call this:

"When private information can't be used in court"

If a Judge decides that some information is private under certain rules, like those in section 138, 139, 140, 145, 146, or 147, you cannot use that information in court. This means that if the police searched you or your things, they cannot use that private information against you. You need to know that the Judge's decision only applies to the specific private information, and it does not change the rules about what evidence can be used in court. The court can still decide what evidence to accept or reject, and this rule does not limit their power to make those decisions.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136859.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpRights and equality > Privacy

147: Claims for privilege for things seized or sought to be seized, or

"Telling authorities what you want to keep private when they search"

149: Disposal of things seized or produced, or

"What happens to things the police take from you"

Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: Admission of evidence generally

148Admission of evidence

If a Judge of the appropriate court upholds a claim to privilege under section 138, 139, 140, 145, 146, or 147 in respect of any communication or information, the communication or information to which the privilege applies is not admissible in any proceedings arising from, or related to, the execution of the search warrant or exercise of the other search power or surveillance power or the carrying out of the examination order or production order, as the case requires.
Subject to subsection (1), this subpart does not limit or affect the admissibility of any evidence, or the discretion of any court to admit or refuse to admit any evidence, in any proceedings.