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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Privilege and confidentiality - Matters relating to interpretation and procedure

51: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Evidence Act 2006

In this part of the law, some words have special meanings. A lawyer is someone who is defined as a lawyer by section 6 of the Lawyers and Conveyancers Act 2006. You might also hear the term legal adviser, which refers to a lawyer, a registered patent attorney, or an overseas practitioner.

When you hear the term overseas practitioner, it means someone who can work as a lawyer in Australia or another country. A registered patent attorney is someone who is defined by Part 6 of the Patents Act 2013.

If the law talks about a communication or some information, it can include things that are written in a document. But sometimes, information means a fact or opinion that you say out loud or write in a document after someone asks you for it.

The law also says that when it talks about someone doing or saying something, it can include someone doing or saying it on their behalf. However, this does not apply to certain sections of the law, like section 58, section 59, or section 64.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393648.

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Part 2Admissibility rules, privilege, and confidentiality
Privilege and confidentiality: Matters relating to interpretation and procedure

51Interpretation

  1. In this subpart,—

    lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

      legal adviser means—

      1. a lawyer; or
        1. a registered patent attorney; or
          1. an overseas practitioner

            overseas practitioner means—

            1. a person who is entitled to practise as a barrister, or a solicitor, or both in the High Court of Australia or in a Supreme Court of a State or a territory of Australia; or
              1. a person who is entitled to practise in Australia as a registered trade marks attorney; or
                1. a person who is, under the laws of a country other than New Zealand or Australia, entitled to undertake work that, in New Zealand, is normally undertaken by a lawyer or a patent attorney

                  registered patent attorney has the meaning given to it by Part 6 of the Patents Act 2013.

                  1. A reference in this subpart to a communication or to any information includes a reference to a communication or to information contained in a document.

                  2. Despite subsection (2), in sections 60 to 63, information means a statement of fact or opinion to be given—

                  3. orally; or
                    1. in a document that is prepared or created—
                      1. after and in response to a requirement to which any of those sections applies; but
                        1. not for the principal purpose of avoiding criminal prosecution under New Zealand law.

                        2. A reference in this subpart to a communication made or received by a person or an act carried out by a person includes a reference to a communication made or received or an act carried out by an authorised representative of that person on that person’s behalf.

                        3. However, subsection (4) does not apply to any of the following sections:

                        4. section 58 (privilege for communications with ministers of religion):
                          1. section 59 (privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists):
                            1. section 64 (informers).

                              1. Repealed
                              Notes
                              • Section 51(1) overseas practitioner paragraph (b): replaced, on , by section 8 of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).
                              • Section 51(1) overseas practitioner paragraph (c): replaced, on , by section 19(1) of the Evidence Amendment Act 2016 (2016 No 44).
                              • Section 51(1) registered patent attorney: inserted, on , by section 8 of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).
                              • Section 51(3): amended, on , by section 19(2) of the Evidence Amendment Act 2016 (2016 No 44).
                              • Section 51(6): repealed, on , by section 19(3) of the Evidence Amendment Act 2016 (2016 No 44).