Evidence Act 2006

Evidence from overseas or to be used overseas - Evidence for use in civil proceedings overseas and evidence for use in civil proceedings in High Court - Evidence for use in civil proceedings overseas

186: Privileges of witnesses

You could also call this:

"What you don't have to say in court, even if another country asks"

You cannot be forced to give evidence that you would not have to give in a New Zealand court or in a court in the country where the case is happening. This rule applies when you are asked to give evidence for a court case in another country under an order made using section 185(1). You have to say that you do not want to give the evidence and your reason has to be accepted by the person who asked for the order or stated in the request from the other country.

If you say you do not want to give evidence, but the court in New Zealand does not agree with you, you might still have to give the evidence. However, the evidence will not be sent to the other country if the court in that country later agrees with you that you should not have to give it. You can be stopped from giving evidence if it would hurt New Zealand's security and the Attorney-General says so in a certificate.

When the law talks about giving evidence, it means answering questions or showing documents. You might be asked to do these things when you are giving evidence for a court case in another country under an order made using section 185(1). The law is trying to protect you from having to say things that you would not normally have to say in 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=DLM394297.

Topics:

Crime and justice > Courts and legal help

185: Power of High Court to give effect to application for assistance, or

"The High Court can help another country get evidence for a court case by making an order to collect information or documents in New Zealand."

187: Orders not to bind the Crown or Crown servants, or

"Court orders from overseas don't apply to the New Zealand government or its employees."

Part 4Evidence from overseas or to be used overseas
Evidence for use in civil proceedings overseas and evidence for use in civil proceedings in High Court: Evidence for use in civil proceedings overseas

186Privileges of witnesses

A person may not be compelled by an order under section 185(1) to give any evidence that the person could not be compelled to give—
in civil proceedings in New Zealand; or
in civil proceedings in the country or territory in which the requesting court exercises jurisdiction.

Subsection (1)(b) does not apply unless the person in question claims to be exempt from giving the evidence and the claim is either—
supported by a statement contained in the request (whether unconditionally or subject to conditions that are fulfilled); or
conceded by the applicant for the order under section 185(1).

If a claim is made by a person for exemption under subsection (2) but the High Court or a Judge is not satisfied that subsection (2) applies, the person may be required to give the evidence to which the claim relates but that evidence must not be transmitted to the requesting court if—
the High Court or a Judge refers the claim to the requesting court for consideration and determination; and
that court upholds the claim for exemption.

A person may not be compelled by an order under section 185(1) to give any evidence if the giving of that evidence would be prejudicial to the security of New Zealand and a certificate signed by the Attorney-General to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact.
In this section, giving evidence includes—
answering any question:
producing any document.