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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Regulatory and enforcement matters - Regulatory powers

57: Effect of final decision that exercise of powers under section 54 unlawful

You could also call this:

“What happens if the government's actions are found to be illegal”

This part of the proposed law talks about what happens if a court decides that certain powers used by the government were not legal. If this happens, here’s what the government must do:

They have to destroy any information they got by using those illegal powers. They also need to get rid of any records of that information. If they took any documents from someone, they have to give them back and destroy any copies they made.

Sometimes, the court might say it’s okay for the government to keep some of this information or documents. But the court will set rules about how they can use it.

If the government got information or documents in an illegal way, they usually can’t use them as evidence in court. However, in some cases, a court might decide it’s fair to use this evidence.

Remember, this is just a proposed law. It’s not the actual law yet, but it might become law in the future if it’s approved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS822018.

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Part 4 Regulatory and enforcement matters
Regulatory powers

57Effect of final decision that exercise of powers under section 54 unlawful

  1. This section applies in any case where it is declared, in a final decision given in any proceeding in respect of the exercise of any powers conferred by section 54, that the exercise of any powers conferred by that section is unlawful.

  2. To the extent to which the exercise of those powers is declared unlawful, the chief executive must ensure that, immediately after the decision of the court is given,—

  3. any information obtained as a consequence of the exercise of powers declared to be unlawful and any record of that information are destroyed; and
    1. any documents, or extracts from documents, obtained as a consequence of the exercise of powers declared to be unlawful are returned to the person previously having possession of them, or previously having them under their control, and any copies of those documents or extracts are destroyed; and
      1. any information derived from or based on such information, documents, or extracts is destroyed.

        1. However, the court may, in the court’s discretion, order that any information, record, or copy of any document or extract from a document may, instead of being destroyed, be retained by the chief executive subject to any terms and conditions that the court imposes.

        2. No information, and no documents or extracts from documents, obtained as a consequence of the exercise of any powers declared to be unlawful and no record of any such information or document—

        3. are admissible as evidence in any civil proceeding unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
          1. are admissible as evidence in any criminal proceeding if the evidence is excluded under section 30 of the Evidence Act 2006:
            1. may otherwise be used in connection with the exercise of any power conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.