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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Management of residents - Telephone calls may be monitored

60: Notice to be given of intention to produce evidence of recording

You could also call this:

"Telling someone you plan to use a recording as evidence in court"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you want to use a recording of a phone call as evidence in court, you must tell the other person first. You need to give them reasonable notice that you plan to use the recording. You also need to give them some information about the recording, like a transcript if you plan to play the recording, or a written statement if you plan to tell the court about it. You must also tell them when and where the call was made, and who was on the call, if you know this information. You can see similar rules in the Public Safety (Public Protection Orders) Act 2014 by looking at section 121 of the 2004 No 50 act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751183.

Topics:
Crime and justice > Courts and legal helpRights and equality > Privacy
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59: Destruction of recordings, or

"Recordings of calls must be destroyed after six months if they're not needed for investigations or court cases"

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61: Privileged evidence, or

"Some private conversations, like those with your lawyer, are protected and don't have to be shared in court."

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Management of residents: Telephone calls may be monitored

60Notice to be given of intention to produce evidence of recording

  1. Particulars of a recording of a resident call must not be received in evidence by any court against any person unless the party intending to offer it has given the person reasonable notice of the party's intention to do so, together with—

  2. either—
    1. a transcript of the recording, if the party intends to offer it in the form of a recording; or
      1. a written statement setting out the full particulars of the recording, if the party intends to offer oral evidence of it; and
      2. a statement of the time, place, and date of the call, and of the names and addresses of the parties to the call, if they are known.

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