Plain language law

New Zealand law explained for everyone

Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Procedure for inquiries

183: Inspector-General, etc, not compellable witnesses

You could also call this:

"Some workers, like the Inspector-General, don't have to tell what they know in court, except in serious crime cases."

Illustration for Intelligence and Security Act 2017

When you are in court, some people do not have to give evidence about what they know when they are doing their job. This includes the Inspector-General, the Deputy Inspector-General, people who work for the Inspector-General, and people on the advisory panel. They do not have to talk about what they know when they are working.

But there are some exceptions, you might have to give evidence if someone is accused of committing a crime against section 219 or some sections of the Crimes Act 1961, like section 78, 78AA(1), 78A(1), 105, 105A, or 105B. You might also have to give evidence if someone is accused of trying to commit one of these crimes or working with someone to commit one of these crimes. This means that even if you do not want to give evidence, you might still have to if it is about one of these serious crimes.

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 It might be out of date or be missing some parts.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=DLM7119028.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyWork and jobs > Worker rights
Previous

182: Information disclosed to Inspector-General privileged, or

"Talking to the Inspector-General is private, like talking in court."

Next

184: Power of entry, or

"The Inspector-General can visit spy agency offices to check they are doing things correctly."

Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Procedure for inquiries

183Inspector-General, etc, not compellable witnesses

  1. The following persons may not be required to give evidence in any court, or in proceedings of a judicial nature, in respect of anything that comes to their knowledge when they are performing or exercising their functions, duties, or powers:

  2. the Inspector-General, or any person who has held office as Inspector-General:
    1. the Deputy Inspector-General, or any person who has held office as Deputy Inspector-General:
      1. a person who is, or has been, employed by the Inspector-General:
        1. a person who is, or has been, a member of the advisory panel.

          1. Nothing in subsection (1) applies in respect of proceedings for—

          2. an offence against section 219; or
            1. an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
              1. an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961; or
                1. an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961.

                  Compare