Evidence Act 2006

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

62: Claiming privilege against self-incrimination in court proceedings

You could also call this:

"Not answering questions that might get you in trouble in court"

If you are in a court case and you think answering a question might get you in trouble, the Judge needs to make sure you know about a special right called privilege against self-incrimination. This right means you do not have to answer a question if you think it might be used against you. The Judge must check that you understand this right and what it means. You need to give the Judge enough information so they can decide if answering the question might really get you in trouble. The Judge will use this information to work out if you should have to answer the question or not.

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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=DLM393674.

Topics:

Crime and justice > Courts and legal help

61: Discretion as to incrimination under foreign law, or

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

63: Replacement of privilege with respect to disclosure requirements in civil proceedings, or

"What happens when a court orders you to share information in a civil case"

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

62Claiming privilege against self-incrimination in court proceedings

If in a court proceeding it appears to the Judge that a party or witness may have grounds to claim a privilege against self-incrimination in respect of specific information required to be provided by that person, the Judge must satisfy himself or herself that the person is aware of the privilege and its effect.
A person who claims a privilege against self-incrimination in a court proceeding must offer sufficient evidence to enable the Judge to assess whether self-incrimination is reasonably likely if the person provides the required information.