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Land Transport Act 1998

Clean vehicle standard - Information gathering and enforcement powers

197G: Effect of final decision that exercise of powers under section 197B unlawful

You could also call this:

“What happens if a court says powers were used illegally”

If a court decides that the use of powers under section 197B was not legal, some things need to happen. The Director must act right away after the court’s decision. They must destroy any information they got from using those powers illegally. They also need to destroy any records of that information.

If there are any documents or parts of documents that were obtained illegally, the Director must give them back to the person who had them before. Any copies of these documents must be destroyed. The Director also needs to destroy any information that came from or was based on the illegal information or documents.

Sometimes, the court might say that instead of destroying the information or documents, the Director can keep them. But the Director has to follow any rules the court sets for keeping them.

If the powers were used illegally, the information or documents can’t be used as evidence in court cases, except in special situations. In a non-criminal case, a court might allow the evidence if they think it’s fair to use it. In a criminal case, the evidence can’t be used if it’s not allowed under section 30 of the Evidence Act 2006. The information also can’t be used for any other purposes related to this Act unless a court thinks it’s fair to use it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS649461.

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Part 13 Clean vehicle standard
Information gathering and enforcement powers

197GEffect of final decision that exercise of powers under section 197B unlawful

  1. This section applies in any case where it is declared, in a final decision given in any proceeding in respect of the exercise of any powers conferred by section 197B, that the exercise of any powers conferred by that section is unlawful.

  2. If this section applies, to the extent to which the exercise of those powers is declared unlawful, the Director must ensure that, immediately after the decision of the court is given,—

  3. any information obtained as a consequence of the exercise of powers declared to be unlawful and any record of that information are destroyed; and
    1. any documents, or extracts from documents, that are obtained as a consequence of the exercise of powers declared to be unlawful are returned to the person who previously had possession or control of them, and any copies of those documents or extracts are destroyed; and
      1. any information derived from or based on such information, documents, or extracts is destroyed.

        1. However, the court may order that any information, record, or copy of any document or extract from a document may, instead of being destroyed, be retained by the Director subject to any terms and conditions that the court imposes.

        2. No information, and no document or extracts from a document, obtained as a consequence of the exercise of any powers declared to be unlawful, and no record of any such information or document,—

        3. is admissible as evidence in any civil proceeding unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
          1. is admissible as evidence in any criminal proceeding if the evidence is excluded under section 30 of the Evidence Act 2006:
            1. may otherwise be used in connection with the exercise of any powers conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.

              Notes
              • Section 197G: inserted, on , by section 10 of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).