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Electoral Act 1993

Election petitions - Witnesses

248: Certificate of indemnity to witness

You could also call this:

"Protection for witnesses who tell the truth in court about election offences"

Illustration for Electoral Act 1993

If you are called as a witness in a court case about an election, you must answer questions about any offences that happened during the election. You cannot refuse to answer because you might incriminate yourself. When you answer questions in court, your answers cannot be used against you in other court cases, except if you are accused of lying under oath. If you answer all the court's questions truthfully, you will get a certificate of indemnity, which is a document stating that you told the truth.

If you have a certificate of indemnity and someone takes you to court for something you did during the election, the court will stop the case if you show them the certificate. The court might also order the other person to pay you back for the money you spent on the court case.

Having a certificate of indemnity does not mean you can do things that you are not allowed to do under the Electoral Act, and you can still be taken to court to enforce those rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310452.

Topics:
Crime and justice > Courts and legal helpGovernment and voting > Elections
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247: Summons and examination of witnesses, or

"Going to court as a witness in an election dispute"

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249: Expenses of witnesses, or

"Getting help to pay for costs when you give evidence in an election court case"

Part 8Election petitions
Witnesses

248Certificate of indemnity to witness

  1. A person called as a witness on the trial of an election petition to which section 229(3) applies shall not be excused from answering any question relating to any offence at or connected with the election on the ground that the answer thereto may incriminate or tend to incriminate himself or herself, or on the ground of privilege: provided that—

  2. an answer by a person to a question put by or before the court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against that person in any proceeding, civil or criminal:
    1. a witness who answers truly all questions which he or she is required by the court to answer shall be entitled to receive a certificate of indemnity, stating that he or she has so answered.

      1. Where a person has received a certificate of indemnity in relation to an election, and any legal proceeding is at any time instituted against that person for any offence committed by that person at or in connection with the election previously to the date of the certificate, the court having cognisance of the case shall on production of the certificate stay the proceeding, and may in its discretion award to the said person such costs as he or she has been put to in the proceeding.

      2. Nothing in this section shall be deemed to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceedings to enforce any such incapacity (other than a criminal prosecution).