Evidence Act 2006

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

67: Powers of Judge to disallow privilege

You could also call this:

"A Judge can stop someone using a secret conversation as an excuse if they think it's unfair."

A Judge can stop someone from using a privilege if they think the communication was made for a dishonest purpose. This means the Judge believes the person was trying to do something wrong or help someone else do something wrong. The Judge looks at sections like sections 54 to 59 and 64 to make this decision.

If you are on trial, the Judge might stop someone from using a privilege so you can have a fair defence. The Judge can do this if they think the information is necessary for your case. The Judge considers sections like sections 54 to 59 and 64 when making this choice.

If a privilege is stopped and information is shared, that information cannot be used against the person who originally had the privilege in a New Zealand 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=DLM393679.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

66: Joint and successive interests in privileged material, or

"Protecting shared secrets in court: what happens when someone with a secret dies or shares it with others"

68: Protection of journalists’ sources, or

"Journalists can keep secret who tells them information to help them do their job"

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

67Powers of Judge to disallow privilege

A Judge must disallow a claim of privilege conferred by any of sections 54 to 59 and 64 in respect of a communication or information if satisfied there is a prima facie case that the communication was made or received, or the information was compiled or prepared, for a dishonest purpose or to enable or aid anyone to commit or plan to commit what the person claiming the privilege knew, or reasonably should have known, to be an offence.
A Judge may disallow a claim of privilege conferred by any of sections 54 to 59 and 64 in respect of a communication or information if the Judge is of the opinion that evidence of the communication or information is necessary to enable the defendant in a criminal proceeding to present an effective defence.
Any communication or information disclosed as the result of the disallowance of a claim of privilege under subsection (2) and any information derived from that disclosure cannot be used against the holder of the privilege in a proceeding in New Zealand.