Evidence Act 2006

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

59: Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists

You could also call this:

"Keeping private what you tell a doctor or clinical psychologist when you're in trouble with the law"

When you talk to a doctor or a clinical psychologist about your problems, you have a right to keep that information private. This means you do not have to tell a court what you said to the doctor or clinical psychologist if you are in trouble with the law. You can keep private the things you tell them when you are getting help for drug problems or other issues that might get you into trouble.

If a judge or someone else in authority makes you go see a doctor or clinical psychologist, then you do not have the right to keep that information private. The doctor or clinical psychologist might write down what you say or do during the visit, and that information can be used in court. This is because the visit was not just between you and the doctor or clinical psychologist, but was also because of the judge's or authority's order.

A clinical psychologist is a special kind of health worker who is trained to help people with mental and emotional problems, and is registered with the Psychologists Board to do this work. Drug dependency means being addicted to a drug, which is defined in the Misuse of Drugs Act 1975, and needing to take more and more of it to feel normal. When you see a doctor or clinical psychologist for help with these kinds of problems, you can keep the things you say to them private, and they cannot be used against you in court.

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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=DLM393667.

Topics:

Crime and justice > Courts and legal helpHealth and wellbeing > Mental health

58: Privilege for communications with ministers of religion, or

"Keeping conversations with church leaders secret"

60: Privilege against self-incrimination, or

"You don't have to answer questions that could get you in trouble with the law."

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

59Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists

This section—
applies to a person who consults or is examined by a medical practitioner or a clinical psychologist for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct; but
does not apply in the case of a person who has been required by an order of a Judge, or by other lawful authority, to submit himself or herself to the medical practitioner or clinical psychologist for any examination, test, or for any other purpose.

For the purpose of applying subsection (1)(b), there is no privilege under this section in relation to any communication or information (other than any previous medical record or other previous medical information about the person) that is made or obtained for the purpose of the examination or test or for the other purpose concerned.
A person has a privilege in a criminal proceeding in respect of any communication made by the person to a medical practitioner or clinical psychologist that the person believes is necessary to enable the medical practitioner or clinical psychologist to examine, treat, or care for the person for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct.
A person has a privilege in a criminal proceeding in respect of information obtained by a medical practitioner or clinical psychologist as a result of consulting with or examining the person to enable the medical practitioner or clinical psychologist to examine, treat, or care for the person for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct.
A person has a privilege in a criminal proceeding in respect of information consisting of a prescription, or notes of a prescription, for treatment prescribed by a medical practitioner or clinical psychologist as a result of consulting with or examining the person to enable the medical practitioner or clinical psychologist to treat or care for the person for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct.
A reference in this section to a communication to, or information obtained by, a medical practitioner or a clinical psychologist is to be taken to include a reference to a communication to, or information obtained by, a person acting in a professional capacity on behalf of a medical practitioner or clinical psychologist in the course of the examination or treatment of, or care for, the person by that medical practitioner or clinical psychologist.
In this section,—
clinical psychologist means a health practitioner—
1. who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology; and
2. who is by his or her scope of practice permitted to diagnose and treat persons suffering from mental and emotional problems
drug dependency means the state of periodic or chronic intoxication produced by the repeated consumption, smoking, or other use of a controlled drug (as defined in section 2(1) of the Misuse of Drugs Act 1975) detrimental to the user, and involving a compulsive desire to continue consuming, smoking, or otherwise using the drug or a tendency to increase the dose of the drug.

Notes

Section 59(1A): inserted, on 8 January 2017, by section 22 of the Evidence Amendment Act 2016 (2016 No 44).