Health and Disability Commissioner Act 1994

Miscellaneous provisions - Miscellaneous provisions

65: Proceedings privileged

You could also call this:

"What you say to the Health and Disability Commissioner is protected, like in a court case."

Illustration for Health and Disability Commissioner Act 1994

When you are involved in a proceeding with the Health and Disability Commissioner, some rules apply to keep you and others safe. The Commissioner and their staff do not have to give evidence in court about what they learned while doing their job, except in certain cases like when someone is accused of committing a crime against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961. Anything you say or do during an inquiry by the Commissioner is protected, like it would be in a court case.

The Commissioner's reports are also protected, and for the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, these reports are considered official. Some other laws, like sections 120 to 126 and section 135 of the Crown Entities Act 2004, also apply to the Commissioner's advocates. You do not have to worry about what you say to the Commissioner or their staff being used against you in court, because it is protected.

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This page was last updated on 6 August 2025

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

Topics:

Health and wellbeing > Healthcare servicesRights and equality > Privacy

64: Disclosure of certain matters not to be required, or

"You don't have to share certain information if it could harm New Zealand or its relationships with other countries."

66: Corrupt use of official information, or

"Using official information in a dishonest way is not allowed"

Part 5Miscellaneous provisions
Miscellaneous provisions

65Proceedings privileged

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.
Subject to subsection (3),—
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.

Nothing in subsection (2) applies in respect of proceedings for—
an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
the offence of conspiring to commit an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961.

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.
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

1993 No 82 s 130

Notes

Section 65(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 65(2)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 65(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 65(3)(a): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
Section 65(3)(b): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).