Part 2Consent and conditions regime
Information-gathering powers
41CEffect of final decision that exercise of powers under sections 38 to 41 unlawful
This section applies in any case where it is declared, in a final decision given in any proceeding in respect of the exercise of any powers conferred by any of sections 38 to 41, that the exercise of any powers conferred by any of those sections is unlawful.
If this section applies, to the extent to which the exercise of those powers is declared unlawful, the regulator must ensure that, immediately after the decision of the court is given,—
- any information obtained as a consequence of the exercise of powers declared to be unlawful and any record of that information are destroyed; and
- any documents, or extracts from documents, that are obtained as a consequence of the exercise of powers declared to be unlawful are returned to the person who previously had possession or control of them, and any copies of those documents or extracts are destroyed; and
- any information derived from or based on such information, documents, or extracts is destroyed.
However, the court may order that any information, record, or copy of any document or extract from a document may, instead of being destroyed, be retained by the regulator subject to any terms and conditions that the court imposes.
No information, and no documents or extracts from documents, obtained as a consequence of the exercise of any powers declared to be unlawful, and no record of any such information or document,—
- are admissible as evidence in any civil proceeding unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
- are admissible as evidence in any criminal proceeding if the evidence is excluded under section 30 of the Evidence Act 2006:
- may otherwise be used in connection with the exercise of any powers conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.
Compare
- 2011 No 5 s 58
Notes
- Section 41C: inserted, on , by section 35 of the Overseas Investment Amendment Act 2018 (2018 No 25).