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Evidence Act 2006

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

56: Privilege for preparatory materials for proceedings

You could also call this:

"Keeping court case preparations private"

Illustration for Evidence Act 2006

When you are getting ready for a court case, you might make or receive some communications or information. You can keep these private if they were made or prepared mainly for the court case. This means you do not have to share them with others.

If you are involved in a court case, you have a right to keep certain communications and information private. This includes things you discuss with your lawyer or others, and information you or your lawyer prepare. It also includes information that someone else prepares for you or your lawyer.

In some cases, a Judge can decide that you do not have to keep some communications or information private, if it is in the best interests of a child. This can happen if the court case is under the Oranga Tamariki Act 1989 or the Care of Children Act 2004, and it is not a criminal case. The Judge can choose which communications or information do not have to be kept private.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393663.

Topics:
Crime and justice > Courts and legal help
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Part 2Admissibility rules, privilege, and confidentiality
Privilege and confidentiality: Privilege

56Privilege for preparatory materials for proceedings

  1. Subsection (2) applies to a communication or information only if the communication or information is made, received, compiled, or prepared for the dominant purpose of preparing for a proceeding or an apprehended proceeding (the proceeding).

  2. A person (the party) who is, or on reasonable grounds contemplates becoming, a party to the proceeding has a privilege in respect of—

  3. a communication between the party and any other person:
    1. a communication between the party’s legal adviser and any other person:
      1. information compiled or prepared by the party or the party’s legal adviser:
        1. information compiled or prepared at the request of the party, or the party’s legal adviser, by any other person.

          1. If the proceeding is under, or to be under, Part 2 of the Oranga Tamariki Act 1989 or the Care of Children Act 2004 (other than a criminal proceeding under that Part or that Act), a Judge may, if satisfied that it is in the best interests of the child to do so, determine that subsection (2) does not apply in respect of any communication or information that the Judge specifies.

          Notes
          • Section 56(3): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).