Plain language law

New Zealand law explained for everyone

Evidence Act 2006

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

69: Overriding discretion as to confidential information

You could also call this:

"The Judge can keep some information secret in a court case if sharing it might cause harm."

Illustration for Evidence Act 2006

When you are in a court case, a Judge can decide that some information should not be shared. This can happen if the Judge thinks that sharing the information would cause harm to someone or damage a relationship. The Judge can also consider whether sharing the information would help or hurt the case.

The Judge has to think about how much harm might come from sharing the information and how important it is to the case. You should know that the Judge also considers the type of case and whether there are other ways to get the information. The Judge can also think about whether the information is sensitive and whether it has already been shared with others.

If the Judge decides that the information should not be shared, they can make a ruling to keep it secret. This ruling can be made even if the information is already protected by other laws. The Judge can consider any other factors they think are relevant when making this decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393690.

Topics:
Crime and justice > Courts and legal help
Previous

68: Protection of journalists’ sources, or

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

Next

70: Discretion as to matters of State, or

"The Judge can keep some information secret in a court case to protect important State matters."

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

69Overriding discretion as to confidential information

  1. A direction under this section is a direction that any 1 or more of the following not be disclosed in a proceeding:

  2. a confidential communication:
    1. any confidential information:
      1. any information that would or might reveal a confidential source of information.

        1. A Judge may give a direction under this section if the Judge considers that the public interest in the disclosure in the proceeding of the communication or information is outweighed by the public interest in—

        2. preventing harm to a person by whom, about whom, or on whose behalf the confidential information was obtained, recorded, or prepared or to whom it was communicated; or
          1. preventing harm to—
            1. the particular relationship in the course of which the confidential communication or confidential information was made, obtained, recorded, or prepared; or
              1. relationships that are of the same kind as, or of a kind similar to, the relationship referred to in subparagraph (i); or
              2. maintaining activities that contribute to or rely on the free flow of information.

                1. When considering whether to give a direction under this section, the Judge must have regard to—

                2. the likely extent of harm that may result from the disclosure of the communication or information; and
                  1. the nature of the communication or information and its likely importance in the proceeding; and
                    1. the nature of the proceeding; and
                      1. the availability or possible availability of other means of obtaining evidence of the communication or information; and
                        1. the availability of means of preventing or restricting public disclosure of the evidence if the evidence is given; and
                          1. the sensitivity of the evidence, having regard to—
                            1. the time that has elapsed since the communication was made or the information was compiled or prepared; and
                              1. the extent to which the information has already been disclosed to other persons; and
                              2. society’s interest in protecting the privacy of victims of offences and, in particular, victims of sexual offences.

                                1. The Judge may, in addition to the matters stated in subsection (3), have regard to any other matters that the Judge considers relevant.

                                2. A Judge may give a direction under this section that a communication or information not be disclosed whether or not the communication or information is privileged by another provision of this subpart or would, except for a limitation or restriction imposed by this subpart, be privileged.