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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Privilege and confidentiality - Privilege

53: Effect and protection of privilege

You could also call this:

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

Illustration for Evidence Act 2006

If you have a privilege, you have the right to refuse to disclose certain information in a court case. This means you do not have to tell the court about a communication or any information that is protected by privilege, as outlined in sections 54 to 59. You also do not have to share any opinions you formed based on that communication or information.

You can also refuse to disclose information that is protected by privilege under section 60 or 64. If someone else has your protected communication, information, opinion, or document, you can require them not to disclose it in a court case, as long as they got it from you in confidence.

If someone who is not supposed to have your protected information gets it, a Judge can order them not to disclose it in a court case. The Judge can do this on their own or if you ask them to.

This law does not change the general rules about legal professional privilege, which applies to claims made outside of a court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393658.

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

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

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54: Privilege for communications with legal advisers, or

"Keeping conversations with lawyers private"

Part 2Admissibility rules, privilege, and confidentiality
Privilege and confidentiality: Privilege

53Effect and protection of privilege

  1. A person who has a privilege conferred by any of sections 54 to 59 in respect of a communication or any information has the right to refuse to disclose in a proceeding—

  2. the communication; and
    1. the information, including any information contained in the communication; and
      1. any opinion formed by a person that is based on the communication or information.

        1. A person who has a privilege conferred by section 60 or 64 in respect of information has the right to refuse to disclose in a proceeding the information.

        2. A person who has a privilege conferred by any of sections 54 to 59 and 64 in respect of a communication, information, opinion, or document may require that the communication, information, opinion, or document not be disclosed in a proceeding—

        3. by the person to whom the communication is made or the information is given, or by whom the opinion is given or the information or document is prepared or compiled; or
          1. by any other person who has come into possession of it with the authority of the person who has the privilege, in confidence and for purposes related to the circumstances that have given rise to the privilege.

            1. If a communication, information, opinion, or document, in respect of which a person has a privilege conferred by any of sections 54 to 59 and 64, is in the possession of a person other than a person referred to in subsection (3), a Judge may, on the Judge’s own initiative or on the application of the person who has the privilege, order that the communication, information, opinion, or document not be disclosed in a proceeding.

            2. This Act does not affect the general law governing legal professional privilege, so far as it applies to the determination of claims to that privilege that are made neither in the course of, nor for the purpose of, a proceeding.