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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?"

Illustration for Deposit Takers Act 2023

You make a statement that could be used against you when answering questions under this Part. This statement can only be used against you if you say something different later in court. You said something that was false or misleading, or you did not answer a question, and this can be used against you in a prosecution under this Act, as seen in the link to the 1986 Act.

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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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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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144: Privilege against self-incrimination no excuse, or

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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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