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Health and Disability Commissioner Act 1994

Miscellaneous provisions - Miscellaneous provisions

63: Protection and privileges of witnesses, etc

You could also call this:

"Keeping you safe when you give information to the Health and Disability Commissioner"

Illustration for Health and Disability Commissioner Act 1994

When you give information to the Health and Disability Commissioner, you have the same rights as a witness in court, except in certain situations described in section 64(2). You do not have to answer questions or give documents if it would break a secrecy rule from another law, unless that law is the Official Information Act 1982 or the Public Service Act 2020. If you do what the Commissioner asks, you will not get in trouble with the law, except if you break section 73.

If the Commissioner needs you to attend a meeting, you will get paid the same as a witness in court. The Commissioner can decide how much you get paid, using rules from the Criminal Procedure Act 2011. The Commissioner has the power to fix or change the amount of money you get.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334138.

Topics:
Health and wellbeing > Healthcare servicesRights and equality > Privacy
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62: Evidence, or

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Part 5Miscellaneous provisions
Miscellaneous provisions

63Protection and privileges of witnesses, etc

  1. Except as provided in section 64(2), 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 the Commissioner or any employee of the Commissioner, as witnesses have in any court.

  2. No person shall be required to supply any information to or to answer any question put by the Commissioner or any employee of the Commissioner in relation to any matter, or to produce to the Commissioner or any employee of the Commissioner any document 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 Act or regulations, other than the Official Information Act 1982 or the Public Service Act 2020.

  3. No person shall be liable to prosecution for an offence against any enactment, other than section 73, by reason of that person’s compliance with any requirement of the Commissioner or any employee of the Commissioner under section 62.

  4. Where the attendance of any person is required by the Commissioner under section 62, 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,—

  5. the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply accordingly; and
    1. the Commissioner 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
      Notes
      • Section 63(2): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
      • Section 63(4)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).