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Health and Disability Commissioner Act 1994

Miscellaneous provisions - Miscellaneous provisions

65: Proceedings privileged

You could also call this:

"People working with the Commissioner are protected from having to share what they know in court"

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You do not have to give evidence in court about things you learned while working for the Commissioner. This means you do not have to tell the court what you know. However, you may have to give evidence if someone is accused of committing a crime under sections like section 78 of the Crimes Act 1961. You are also protected if you say something or give information while the Commissioner is investigating a complaint. What you say is privileged, like it would be in a court case. This means you cannot be sued for what you say. If the Commissioner writes a report, it is like an official report from someone working for Parliament. This is important for the Defamation Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334140.

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Part 5Miscellaneous provisions
Miscellaneous provisions

65Proceedings privileged

  1. Sections 120 to 126 and section 135 of the Crown Entities Act 2004 apply to an advocate, with any necessary modifications, as if the advocate were an office holder.

  2. Subject to subsection (3),—

    1. none of the Commissioner, an office holder, or employee of the Commissioner, nor any advocate is required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.

      1. Nothing in subsection (2) applies in respect of proceedings for—

      2. 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.

          1. Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by or proceedings before the Commissioner or an advocate under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court.

          2. For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made under this Act by the Commissioner shall be deemed to be an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.

          Compare
          Notes
          • Section 65(1): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
          • Section 65(2)(a): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
          • Section 65(2)(b): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
          • Section 65(3)(a): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
          • Section 65(3)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
          • Section 65(3)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
          • Section 65(3)(b): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).