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Coroners Act 2006

Appointments, administration, powers, offences and penalties, and technical provisions - Powers

127: Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122

You could also call this:

"Information given to help with an inquiry can only be used for that inquiry"

Illustration for Coroners Act 2006

You give information or documents to help with an inquiry under section 120 or a warrant under section 122. This information can only be used for the inquiry, not for other things, unless it's about a prosecution for false statements or perjury. You can claim that the information should not be used if you think it's protected under section 121(2), and if you do, it cannot be used until your claim is sorted out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377881.

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Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers

127Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122

  1. This section applies to any information, document, or other thing given or produced by a person in response to a notice under section 120, or obtained through the execution of a warrant issued under section 122 (the thing).

  2. The thing may be used only for the purposes of the inquiry concerned, and may be used for those purposes only if that use is not prohibited by subsection (4).

  3. In particular, the thing is not admissible as evidence against any person in any court or at any other inquiry or in any other proceedings except—

  4. on a prosecution of the person for an offence against section 135 (false or misleading statements and documents) in relation to the document; or
    1. on the trial of the person for perjury (within the meaning of the Crimes Act 1961) in relation to evidence given on oath or affirmation by the person.

      1. However, the thing cannot be used for the purposes of the inquiry concerned if the person who gave or produced it, or from whom it was obtained, claims, within 5 working days after it was given, produced, or obtained, that any or all of the grounds in section 121(2) apply to it, and that person's claim—

      2. has not been considered and dismissed by—
        1. the District Court Judge who issued the warrant, or by another District Court Judge who is not the coroner who issued, or proposed to issue, the relevant notice under section 120, if the thing was obtained through the execution of a warrant issued under section 122; or
          1. the coroner who issued the notice or by another coroner acting in his or her place, if the thing was given or produced in response to a notice under section 120; or
          2. has been so considered and dismissed, but the dismissal is the subject of, or has been revoked on, an application for review (whether under section 126 or otherwise).

            1. The thing must be returned to the person who gave or produced it, or from whom it was obtained, once it is no longer needed for the purposes of the inquiry concerned or for the purposes of a prosecution or trial referred to in subsection (3).

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