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Takeovers Act 1993

Investigation and enforcement - Investigation and enforcement by Panel - Miscellaneous provisions for investigation and enforcement by Panel

33D: Limitation on disclosure of information obtained in Panel's operations

You could also call this:

"People working with the Panel don't have to share secret information in court, except in some special cases."

Illustration for Takeovers Act 1993

You cannot be forced to tell a court something you know because of your work with the Panel. This means you do not have to give evidence in court about things you learned while working with the Panel. You also do not have to show documents in court that you got because of your work with the Panel. However, there are some exceptions to this rule. If someone is accused of lying under oath, or if the Panel is a party to the court case, you might have to give evidence. You might also have to give evidence if someone is accused of committing a crime under sections like section 78, 78AAA, or 78AAB of the Crimes Act 1961. This rule does not affect how the Official Information Act 1982 works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326303.

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"Protection for people who answer questions that might get them in trouble"

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33E: Overview of enforcement powers and civil remedies, or

"What happens if someone breaks the takeovers rules?"

Part 3Investigation and enforcement
Investigation and enforcement by Panel: Miscellaneous provisions for investigation and enforcement by Panel

33DLimitation on disclosure of information obtained in Panel's operations

  1. No court or other person may require a member, an officer, or an employee of the Panel, any delegate of the Panel, any expert appointed by the Panel, or any other person present at a meeting of the Panel 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 Panel; 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 Panel.

      1. Subsection (1) does not apply to—

      2. proceedings in respect of the falsity of any testimony; or
        1. proceedings to which the Panel is a party; or
          1. proceedings in respect of—
            1. an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
              1. the offence of conspiring to commit an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
                1. the offence of attempting to commit an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961.

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

                Compare
                Notes
                • Section 33D: inserted, on , by section 36 of the Takeovers Amendment Act 2002 (2002 No 45).
                • Section 33D(2)(c)(i): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                • Section 33D(2)(c)(i): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                • Section 33D(2)(c)(ii): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                • Section 33D(2)(c)(ii): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                • Section 33D(2)(c)(iii): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                • Section 33D(2)(c)(iii): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).