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Deposit Takers Act 2023

Supervision of deposit takers - Miscellaneous

145: Admissibility of self-incriminating statements

You could also call this:

"What happens if you say something that could get you in trouble when answering questions about your deposits?"

Illustration for Deposit Takers Act 2023

If you make a statement that could be used against you while answering questions or giving information under this Part, it can only be used as evidence against you in certain situations. This happens when you are prosecuted for an offence and you give evidence that is inconsistent with your original statement. You should know that there are some exceptions to this rule.

If you refuse or fail to answer a question, or if you give false or misleading information, your statement can be used as evidence against you in a prosecution under this Act. This is because your actions, such as refusing to answer or giving false information, can be considered an offence under the Act.

You can find more information about similar laws by looking at the 1989 No 157 s 175B legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS710523.

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Money and consumer rights > Banking and loansBusiness > Industry rules
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144: Privilege against self-incrimination no excuse, or

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

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Part 4Supervision of deposit takers
Miscellaneous

145Admissibility of self-incriminating statements

  1. A self-incriminating statement made orally by a person (whether or not the statement is recorded in writing) in the course of answering any question, giving any information, reproducing or assisting in reproducing any information, or producing any document under this Part may be used in evidence against that person only in a prosecution for any offence where the person gives evidence inconsistent with the statement.

  2. Despite subsection (1), any statement made in relation to—

  3. a refusal or failure to answer any question, give any information, reproduce or assist in reproducing any information, produce any document, or comply with any other requirement may be used in evidence against that person in a prosecution for any offence under this Act arising from the refusal or failure:
    1. the answering of any question in a way that is false or misleading in a material particular, or the giving of any information, the reproduction or assistance in reproduction of any information, or the production of any document that is false or misleading in a material particular, may be used in evidence against that person in a prosecution for any offence under this Act arising from that act.

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