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Evidence Act 2006

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

60: Privilege against self-incrimination

You could also call this:

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

Illustration for Evidence Act 2006

If you are asked to give information, you might not have to give it if it could get you in trouble with the law. This is because you have a privilege against self-incrimination. You can use this privilege if the information could be used to punish you under New Zealand law for an offence that carries a fine or imprisonment.

You cannot be forced to give the information, and you cannot be prosecuted or penalised for refusing to give it. This means you are protected if you choose not to answer a question that could incriminate you.

There are some exceptions to this rule, though. For example, a company cannot claim this privilege, and you cannot claim it on behalf of someone else, except in certain cases where a lawyer is acting for their client. Also, if you are on trial for a crime, you cannot use this privilege when giving evidence about the crime you are accused of. This section is also subject to section 63.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393672.

Topics:
Crime and justice > Courts and legal help
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59: Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists, or

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

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61: Discretion as to incrimination under foreign law, or

"Protection from answering questions that could get you in trouble in another country"

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

60Privilege against self-incrimination

  1. This section applies if—

  2. a person is (apart from this section) required to provide specific information—
    1. in the course of a proceeding; or
      1. by a person exercising a statutory power or duty; or
        1. by a Police officer or other person holding a public office in the course of an investigation into a criminal offence or possible criminal offence; and
        2. the information would, if so provided, be likely to incriminate the person under New Zealand law for an offence punishable by a fine or imprisonment.

          1. The person—

          2. has a privilege in respect of the information and cannot be required to provide it; and
            1. cannot be prosecuted or penalised for refusing or failing to provide the information, whether or not the person claimed the privilege when the person refused or failed to provide the information.

              1. Subsection (2) has effect—

              2. unless an enactment removes the privilege against self-incrimination either expressly or by necessary implication; and
                1. to the extent that an enactment does not expressly or by necessary implication remove the privilege against self-incrimination.

                  1. Subsection (2) does not enable a claim of privilege to be made—

                  2. on behalf of a body corporate; or
                    1. on behalf of any person other than the person required to provide the information (except by a legal adviser on behalf of a client who is so required); or
                      1. by a defendant in a criminal proceeding when giving evidence about the matter for which the defendant is being tried.

                        1. This section is subject to section 63.