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Copyright Act 1994

Enforcement officers - Miscellaneous

134ZD: Other privileges

You could also call this:

"Special rights to keep some information private"

Illustration for Copyright Act 1994

You have some privileges when it comes to copyright law. If you could claim a privilege under section 54 or 56 of the Evidence Act 2006 in a criminal case, you have the same privilege in a copyright examination. This means you can prevent people from looking at certain information. You can claim a privilege for communications with your lawyer. This privilege does not stop the police from getting a search warrant under section 134F. You have the right to prevent people from examining or searching certain information. If you claim a privilege, the police can ask a District Court Judge to decide if your claim is valid. The Judge can ask to see the information to make a decision. A District Court Judge can disallow your privilege claim if they think it would be disallowed in a court case under section 67(1) of the Evidence Act 2006. Section 65 of the Evidence Act 2006 applies to any privilege you claim. This means you can waive your privilege if you choose to. You can also ask for information to be returned if it is seized by the police.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127253.

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Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protectionRights and equality > Privacy
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Part 6AEnforcement officers
Miscellaneous

134ZDOther privileges

  1. If, in a criminal proceeding, a person could assert a privilege under section 54 or 56 of the Evidence Act 2006 in respect of a communication or information, that person has the same privilege for the purposes of an examination under section 134D, a search warrant issued under section 134F, and an order made under section 134Y.

  2. Subsection (3) applies to documents that are books of account or accounting records referred to in section 55(1) of the Evidence Act 2006.

  3. The application, by subsection (1), of section 54 of the Evidence Act 2006 (which relates to the privilege for communications with legal advisers) does not prevent, limit, or affect—

  4. the issue or execution of a search warrant under section 134F; or
    1. the making of an order under section 134Y; or
      1. the admissibility, in a criminal proceeding under this Act, of any evidence that relates to the contents of a document to which this subsection applies obtained as a result of a search warrant issued under section 134F or an order made under section 134Y.

        1. A person who has a privilege under this section has the right—

        2. to prevent the examination under section 134D, or the search under a warrant issued under section 134F, or to refuse production under an order made under section 134Y of any communication or information to which the privilege would apply if it were sought to be disclosed in a criminal proceeding; and
          1. to require the return of any such communication or information if it is seized by a person exercising the power of examination under section 134D or search under a warrant issued under section 134F pending determination of the claim to privilege.

            1. If a person asserts a claim to privilege under this section in respect of any communication or information, an enforcement officer or a member of the Police may apply to a District Court Judge for an order determining whether or not the claim to privilege is valid; and, for the purpose of determining any such application, the District Court Judge may require the communication or information to be produced to him or her.

            2. A District Court Judge may, on the application of an enforcement officer or a member of the Police, disallow a privilege claimed under this section if the Judge is satisfied that the claim to privilege would, under section 67(1) of the Evidence Act 2006, be disallowed in a proceeding.

            3. Section 65 of the Evidence Act 2006 (which relates to waiver of privilege) applies in respect of any privilege under this section.

            Notes
            • Section 134ZD: inserted, on , by section 6 of the Copyright Amendment Act 2011 (2011 No 72).