Deposit Takers Act 2023

Supervision of deposit takers - Reporting duty

118: Restriction on use of report

You could also call this:

"Reports from banks and lenders can't be used against them in court, except to prove they're false."

Illustration for Deposit Takers Act 2023

If you get a report from a licensed deposit taker, you cannot use it as evidence in a court case against them, unless the court case is about whether the report is false. This means the report is protected and cannot be used to prove something against the deposit taker in most cases. You can only use the report in a court case if you are trying to prove that the report itself contains false information.

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 It might be out of date or be missing some parts.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=LMS496344.


Previous

117: Offence to fail to monitor compliance and report contraventions, or

"Breaking the rules: deposit takers must check and report if they're doing something wrong"


Next

119: Bank may require licensed deposit taker to take action in relation to contravention, or

"The Bank can tell a deposit taker to fix a problem if they break a rule or might break one."

Part 4Supervision of deposit takers
Reporting duty

118Restriction on use of report

  1. A report given by a licensed deposit taker under this subpart is not admissible as evidence in a civil or criminal proceeding against the deposit taker, except in a criminal proceeding that concerns the falsity of the report.