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Human Rights Act 1993

Powers in relation to inquiries

129: Disclosure of certain matters not to be required

You could also call this:

"Keeping secrets to protect New Zealand"

Illustration for Human Rights Act 1993

You might wonder what happens when someone is asked to share information that could hurt New Zealand's security or relationships with other countries. If the Prime Minister says that sharing this information could be bad for New Zealand, you do not have to share it. The Attorney-General can also say that sharing certain information could hurt the country or help someone commit a crime, and in that case, you do not have to share it either. You are not allowed to use a rule that says you can keep something secret just because it is in the public's best interest, when a Commission is investigating something. When a Commission is looking into something, they can ask for information, but there are some exceptions, like if the Prime Minister or Attorney-General says it could hurt the country.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305470.

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Part 5Powers in relation to inquiries

129Disclosure of certain matters not to be required

  1. Where—

  2. the Prime Minister certifies that the giving of any information or the answering of any question or the production of any document or thing might prejudice the security, defence, or international relations of New Zealand (including New Zealand's relations with the government of any other country or with any international organisation); or
    1. the Attorney-General certifies that the giving of any information or the answering of any question or the production of any document or thing—
      1. might prejudice the prevention, investigation, or detection of offences; or
        1. might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and such disclosure would be injurious to the public interest,—
          2. the Commission shall not require the information to be given, or, as the case may be, the document or thing to be produced.

        2. Subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by a Commission.

        Compare
        • 1977 No 49 s 74
        Notes
        • Section 129(1): amended, on , by section 34 of the Human Rights Amendment Act 2001 (2001 No 96).
        • Section 129(2): amended, on , by section 34 of the Human Rights Amendment Act 2001 (2001 No 96).