Plain language law

New Zealand law explained for everyone

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

61: Privileged evidence

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are in a situation where your phone calls are being monitored, some things you say might be private. This means you might have said something that normally you would not have to tell anyone about in court. You might have said something that is protected by a law called the Evidence Act 2006, or something that is private between you and your lawyer.

If something you said is private like this, it stays private, even if your call was monitored. You do not have to tell anyone about it in court, unless you agree to. This is because the law says that some private conversations, like the ones between you and your lawyer, are protected, and the Evidence Act 2006 has rules about this.

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 It might be out of date or be missing some parts.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=DLM4751184.

Topics:
Crime and justice > Courts and legal help
Previous

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

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

Next

62: Visits from, or oral communication with, certain persons may be excluded, or

"Some visitors may not be allowed to see you if you live in a special residence."

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

61Privileged evidence

  1. This subsection applies to evidence that—

  2. has been obtained by the monitoring of a resident call under sections 51 to 60; and
    1. but for the monitoring, would have been privileged by virtue of—
      1. any provision of subpart 8 of Part 2 of the Evidence Act 2006; or
        1. any rule of law governing legal professional privilege.

        2. Evidence to which subsection (1) applies remains privileged, and must not be given in any court except with the consent of the person entitled to waive the privilege.

        Compare