Human Rights Act 1993

Powers in relation to inquiries

127: Evidence

You could also call this:

"Telling the truth and providing information to the Commission"

Illustration for Human Rights Act 1993

The Commission can ask you to provide information and documents if you are part of an order under section 126A(1)(a). They can also ask you to come and answer questions on oath if you are part of an order under section 126A(1)(b). If the Commission asks you questions, it is like a court case, and you must tell the truth, or it could be considered perjury under section 108 of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305465.

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126A: Evidence order, or

"Asking a court for help to get information for an inquiry"


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128: Protection and privileges of witnesses, etc, or

"What happens when you give information to a Commission, like a court witness?"

Part 5Powers in relation to inquiries

127Evidence

  1. The Commission may, by notice in writing, require any person who is the subject of an order under section 126A(1)(a) to provide any information, and to produce any documents or things in the possession of or under the control of that person, that are specified in the order.

  2. The Commission may summon before it, and examine on oath, any person who is subject to an order under section 126A(1)(b), in accordance with the terms of the order, and a Commissioner may for that purpose administer an oath to the person summoned.

  3. Every such examination by a Commission shall be deemed to be a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

Compare
  • 1977 No 49 s 73(1), (2)
Notes
  • Section 127(1): substituted, on , by section 32 of the Human Rights Amendment Act 2001 (2001 No 96).
  • Section 127(2): substituted, on , by section 32 of the Human Rights Amendment Act 2001 (2001 No 96).
  • Section 127(3): amended, on , by section 32 of the Human Rights Amendment Act 2001 (2001 No 96).