Evidence Act 2006

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

52: Orders for protection of privileged or confidential material, or material relating to matters of State

You could also call this:

"A Judge can keep certain information secret to protect privacy or State secrets in a court case."

If you are in a court case, a Judge can stop certain information from being shared. This can happen if someone has a special right to keep the information private. The Judge can make this decision on their own or because someone asked them to.

You can ask the Judge to keep information private if it is about confidential matters or State secrets, as outlined in section 69 or section 70. The Judge can also make this decision on their own. You can ask the Judge at any time, even before the court case starts.

If private information is shared with the Judge or someone else in the court, the Judge can give directions to keep it confidential. This means they can decide how the information is used and who can see it, to protect sensitive information that is subject to section 69 or section 70. The Judge's goal is to keep the information safe and private.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393656.

Topics:

Crime and justice > Courts and legal help

51: Interpretation, or

"What special words mean in this law"

53: Effect and protection of privilege, or

"What happens when you don't have to tell the court something because it's private or secret."

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

52Orders for protection of privileged or confidential material, or material relating to matters of State

A Judge may order that evidence must not be given in a proceeding of a communication, information, opinion, or document in respect of which a person has a privilege conferred by this subpart and may make an order under this subsection—
on the Judge’s own initiative; or
on the application of the person who has the privilege; or
on the application of an interested person other than the person who has the privilege.

A Judge may give a direction under section 69 (confidential information) or section 70 (matters of State) on the Judge’s own initiative or on the application of an interested person.
An application under subsection (1) or (2) may be made at any time either before or after any relevant proceeding is commenced.
A Judge may give any directions that are necessary to protect the confidentiality of, or limit the use that may be made of,—
any privileged communication, information, opinion, or document that is disclosed to a Judge or other body or person in compliance with a judicial or administrative order; or
any communication or information that is the subject of a direction under section 69 (confidential information) or section 70 (matters of State) but is disclosed to a Judge or other body or person in compliance with a judicial or administrative order.