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Public Audit Act 2001

Information-gathering powers and disclosure of information

31: Self-incrimination

You could also call this:

"You must answer questions honestly, even if it gets you into trouble."

Illustration for Public Audit Act 2001

If you are asked a question or to give information under the Public Audit Act 2001, you cannot refuse to answer because you think it might get you into trouble. You have to answer the question or give the information, even if it might incriminate you. A statement or document that incriminates you can only be used as evidence against you in certain cases, such as if you are prosecuted for an offence against section 108 of the Crimes Act 1961 or for not telling the truth about the statement or document.

If you make a statement or give a document that incriminates you, it is not admissible as evidence in most criminal cases against you. However, there are some exceptions, such as if you are charged with an offence related to the statement or document, like lying about it under section 39(1)(c) of this Act. In these cases, the statement or document can be used as evidence against you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM88916.

Topics:
Government and voting > Government departmentsCrime and justice > Criminal law
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30: Disclosure by Auditor-General, or

"The Auditor-General shares information in a way that follows the law and considers what's best for everyone."

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32: Appointment of auditors for financial report audit, or

"The Auditor-General chooses people to check financial reports to make sure they are correct."

Part 4Information-gathering powers and disclosure of information

31Self-incrimination

  1. A person is not excused from answering a question or giving any information or document under this Act on the ground that to do so may incriminate or tend to incriminate that person.

  2. A self-incriminating statement or document made or given under this Act is not admissible as evidence in criminal proceedings against that person except on the prosecution of that person for an offence against section 108 of the Crimes Act 1961 or section 39(1)(c) of this Act in relation to that statement or document.