Evidence Act 2006

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

70: Discretion as to matters of State

You could also call this:

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

If you are in a court case, a Judge can decide that some information must not be shared. This can happen if the Judge thinks that keeping the information secret is more important than sharing it. The information might be about matters of State, which can include things like official information.

You can find out what official information is by looking at the Official Information Act 1982. A Judge can also look at sections 6 and 7 of the Official Information Act 1982 to help make a decision. The Judge might also consider section 9(2)(b) to (k) of that Act.

A Judge can make this decision even if the information is already protected by another law. However, there are some cases where this rule does not apply, like if someone can make an application under section 32 of the Security Information in Proceedings Act 2022. You can also look at section 33 of that Act for more information.

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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=DLM393692.

Topics:

Crime and justice > Courts and legal helpGovernment and voting > Government departmentsRights and equality > Privacy

69: Overriding discretion as to confidential information, or

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

71: Eligibility and compellability generally, or

"Who can give evidence in court and when they have to"

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

70Discretion as to matters of State

A Judge may direct that a communication or information that relates to matters of State must not be disclosed in a proceeding if the Judge considers that the public interest in the communication or information being disclosed in the proceeding is outweighed by the public interest in withholding the communication or information.
A communication or information that relates to matters of State includes a communication or information—
in respect of which the reason advanced in support of an application for a direction under this section is one of those set out in sections 6 and 7 of the Official Information Act 1982; or
that is official information as defined in section 2(1) of the Official Information Act 1982 and in respect of which the reason advanced in support of the application for a direction under this section is one of those set out in section 9(2)(b) to (k) of that Act.

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.
This section does not apply if an application may be made under section 32 of the Security Information in Proceedings Act 2022 in relation to the communication or information concerned (see also section 33 of that Act).

Notes

Section 70(4): inserted, on 28 November 2023, by section 93 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).