Evidence Act 2006

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

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

You could also call this:

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

If you are involved in a civil case, a court can order you to do certain things. You might have to disclose information, let someone search your premises, or give them access to your documents or things. You might also have to secure or produce documents or things for the court. In this situation, you do not have the privilege provided for by section 60, which means you must follow the court's order.

When you follow the court's order, the information you provide cannot be used against you in a criminal case, unless the case is about whether the information you provided was false. This rule is in place to protect you when you are forced to give information to the court. You must still tell the truth and comply with the court's order.

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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=DLM393675.

Topics:

Crime and justice > Courts and legal helpRights and equality > Privacy

62: Claiming privilege against self-incrimination in court proceedings, or

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

64: Informers, or

"People who secretly tell police about crimes without wanting their name shared"

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

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

This section applies to a person who is required by an order of the court made for the purposes of a civil proceeding—
to disclose information; or
to permit premises to be searched; or
to permit documents or things to be inspected, recorded, copied, or removed; or
to secure or produce documents or things.

The person does not have the privilege provided for by section 60 and must comply with the terms of the order.
No evidence of any information that has directly or indirectly been obtained as a result of the person’s compliance with the order may be used against the person in any criminal proceeding, except in a criminal proceeding that concerns the falsity of the information.