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Financial Markets Authority Act 2011

General information-gathering and enforcement powers - Miscellaneous provisions relating to powers - Other miscellaneous provisions

65: Limitation on disclosure of information obtained in FMA's operations

You could also call this:

"People working with the Financial Markets Authority don't have to share what they know in court, except in certain situations."

Illustration for Financial Markets Authority Act 2011

You cannot force someone from the Financial Markets Authority to tell a court something they know because of their work. This also applies to people who work with the Financial Markets Authority, like experts or delegates. They do not have to show documents they got because of their work with the Financial Markets Authority. You can force them to tell a court something in certain situations, like if someone lied under oath or if the Financial Markets Authority is part of the court case. This also applies if someone broke the law, such as under section 51 or 61, or certain sections of the Crimes Act 1961, including 78AAA, 78AAB, 78AA, 78A(1), 105, 105A, or 105B. This rule does not affect the Official Information Act 1982.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3231758.

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Part 3General information-gathering and enforcement powers
Miscellaneous provisions relating to powers: Other miscellaneous provisions

65Limitation on disclosure of information obtained in FMA's operations

  1. No court or other person may require a member or an employee of the FMA, any delegate of the FMA, any expert appointed by the FMA, any person authorised under section 52, or any other person present at a meeting of the FMA to—

  2. give evidence in court or in any proceedings of a judicial nature of anything coming to his or her knowledge in connection with the operations of the FMA; or
    1. make discovery of a document or produce a document for inspection in court or in any proceedings of a judicial nature if the document was provided or obtained in connection with the operations of the FMA.

      1. Subsection (1) does not apply to—

      2. proceedings in respect of the falsity of any testimony; or
        1. proceedings to which the FMA is a party (including where the FMA is acting under subpart 3); or
          1. proceedings in respect of—
            1. an offence under section 51 or 61; or
              1. an offence against section 78, 78AAA, 78AAB, 78AA, 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
                1. the offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961; or
                  1. the offence of attempting to commit an offence against any of those sections of the Crimes Act 1961.

                  2. This section does not limit the application of the Official Information Act 1982.

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                  Notes
                  • Section 65(2)(c)(ii): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).