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Copyright Act 1994

Border protection measures - Enforcement powers of Customs officers

144H: Other privileges

You could also call this:

"Special rights to keep your private information safe"

Illustration for Copyright Act 1994

You have privileges that protect your communications and information. If you could claim a privilege under the Evidence Act 2006 in a court case, you have the same privilege when a Customs officer issues a notice under section 144A or 144B, makes an order under section 144D, or gets a search warrant under section 144F. You can claim this privilege for books of account or accounting records. You can refuse to disclose a communication or information that has privilege. You can prevent the search of this communication or information. You can ask for the return of any communication or information that was seized. If you claim privilege, a Customs officer or Police can ask a District Court Judge to decide if your claim is valid. The Judge can ask to see the communication or information to make a decision. The Judge can disallow your privilege claim if 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 under this section, which means you can waive your privilege. You can find more information about these sections in the Evidence Act 2006, such as section 54, section 55(1), section 56, and section 67(1), on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127276.

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Crime and justice > Courts and legal helpRights and equality > Privacy
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Part 7Border protection measures
Enforcement powers of Customs officers

144HOther 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 a notice issued under section 144A or 144B, an order made under section 144D, and a search warrant issued under section 144F.

  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 of a notice under section 144A in respect of a document to which this subsection applies or the obligation to comply with such a notice; or
    1. the making of an order under section 144D in respect of a document to which this subsection applies or the obligation to comply with such an order; or
      1. the issue of a search warrant under section 144F in respect of a document to which this subsection applies; 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 under a notice issued under section 144A, an order made under section 144D, or a search warrant issued under section 144F.

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

          2. to refuse to disclose a communication or information to which the privilege would apply if it were sought to be disclosed in a criminal proceeding; and
            1. to prevent the search of any such communication or information; and
              1. to require the return of any such communication or information if it is seized by a person exercising a power of search 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, a Customs officer or a member of the Police may apply to a District Court Judge for an order determining whether 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 a Customs 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 144H: inserted, on , by section 10 of the Copyright Amendment Act 2011 (2011 No 72).