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Criminal Procedure Act 2011

Preliminary provisions

5A: Interpretation: evidence based on national security information

You could also call this:

"What 'evidence based on national security information' means in the law"

Illustration for Criminal Procedure Act 2011

In the Criminal Procedure Act 2011, you will come across the term "evidence based on national security information". This term refers to evidence that is not national security information itself, but is related to it. You can think of it as evidence that has been changed to protect sensitive information, such as a document with some parts blacked out, or a written summary of secret information that does not reveal the secrets.

This type of evidence can take different forms, including a document that has been redacted, or a written summary of national security information. It can also be an agreed statement of facts that national security information proves, without actually disclosing the sensitive information.

You can find more information about the changes to this section in the Security Information in Proceedings (Repeals and Amendments) Act 2022, which amended the Criminal Procedure Act 2011.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS274888.

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Part 1Preliminary provisions

5AInterpretation: evidence based on national security information

  1. In this Act, evidence is evidence based on national security information if it is not itself national security information but is any of the following:

  2. a document that contains national security information and that has been redacted to the extent necessary to prevent the disclosure of that information:
    1. a written summary of national security information that does not disclose that information:
      1. an agreed statement of the facts that the whole or part of the national security information establishes that does not disclose that information.

        Notes
        • Section 5A: replaced, on , by section 14 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).