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Corrections Act 2004

Corrections system - Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose - Evidence and privilege

127U: Privileged evidence not to be given in court unless waiver of privilege obtained

You could also call this:

"Some private information can't be shared in court unless the person it belongs to says it's okay"

Illustration for Corrections Act 2004

If you are in court, some evidence might not be allowed to be shared. This evidence is special because it was collected from prisoners, but it would have been private if it wasn't collected this way. It would have been private because of rules like those in subpart 8 of Part 2 of the Evidence Act 2006, or because it's between a lawyer and their client.

This special evidence is still private, so it can't be shared in court unless the person who owns it says it's okay. You need to get their consent before sharing it. This rule helps keep private information safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996616.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 2Corrections system
Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose: Evidence and privilege

127UPrivileged evidence not to be given in court unless waiver of privilege obtained

  1. This subsection applies to evidence that—

  2. has been obtained by monitoring, collecting, using, or disclosing prisoner communications and information sources under this subpart; and
    1. but for the monitoring, collecting, using, or disclosing would have been privileged by virtue of—
      1. subpart 8 of Part 2 of the Evidence Act 2006; or
        1. any rule of law conferring privilege on communications of a professional character between a barrister or solicitor and a client.

        2. Evidence to which subsection (1) applies remains privileged, and must not be given in any court except with the consent of the person entitled to waive the privilege.

        Notes
        • Section 127U: inserted, on , by section 36 of the Corrections Amendment Act 2024 (2024 No 41).