Human Rights Act 1993

Powers in relation to inquiries

128: Protection and privileges of witnesses, etc

You could also call this:

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

When you give information to a Commission, you have the same rights as a witness in court. You do not have to answer questions or give documents that would break a secrecy rule, unless it is about the Official Information Act 1982, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM64784. If you answer a Commission's questions, you will not get in trouble for breaking other laws, except for section 143. When a Commission asks you to attend, you get paid like a court witness. The Commission follows the rules from the Criminal Procedure Act 2011, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3359902. The Commission can decide how much you get paid. You are protected when you talk to a Commission, just like you would be in court. This means you do not have to say things that might get you in trouble. You have rights when you deal with a Commission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305468.

This page was last updated on 13 December 2025 — View changes

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127: Evidence, or

"Telling the truth and providing information to the Commission"

129: Disclosure of certain matters not to be required, or

"Keeping secrets to protect New Zealand"

Part 5Powers in relation to inquiries

128Protection and privileges of witnesses, etc

Every person shall have the same privileges in relation to the giving of information to, the answering of questions put by, and the production of documents and things to, a Commission as witnesses have in any court.
No person shall be required to supply any information to or to answer any question put by a Commission in relation to any matter, or to produce to a Commission any document or paper or thing relating to any matter, in any case where compliance with that requirement would be in breach of an obligation of secrecy or non-disclosure imposed on that person by the provisions of any legislation, other than the Official Information Act 1982.
No person shall be liable to prosecution for an offence against any enactment, other than section 143, by reason of that person's compliance with any requirement of a Commission under section 127.
Where the attendance of any person is required by a Commission under section 127, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,—
the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply accordingly; and
the Commission shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations.

Compare

1977 No 49 s 73(3), (4), (6), (7)

Notes

Section 128(1): amended, on 1 January 2002, by section 33 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 128(2): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 128(2): amended, on 1 January 2002, by section 33 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 128(3): amended, on 1 January 2002, by section 33 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 128(4): amended, on 1 January 2002, by section 33 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 128(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 128(4)(b): amended, on 1 January 2002, by section 33 of the Human Rights Amendment Act 2001 (2001 No 96).