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Customer and Product Data Act 2025

Regulatory and enforcement matters - Regulatory powers

56: Effect of final decision that exercise of powers under section 53 unlawful

You could also call this:

"What happens if a court says powers were used wrongly"

This law talks about what happens if a court says that the use of powers under section 53 was not allowed. If this happens, the chief executive must do some important things right away:

They must destroy any information they got because of using those powers wrongly. They also need to destroy any records of that information.

They must give back any documents or parts of documents they got by using those powers wrongly. These go back to the people who had them before. Any copies of these documents must be destroyed.

They must destroy any information that came from or was based on the wrongly obtained information or documents.

Sometimes, instead of destroying the information or documents, a court might say they can be kept by the chief executive. But the court will set rules about how they can be kept.

If the powers were used wrongly, the information or documents they got can't be used as evidence in court cases. But there are some exceptions:

In a civil court case, a judge might allow it if they think it's fair to use it.

In a criminal court case, it can't be used if section 30 of the Evidence Act 2006 says it can't be used.

The information also can't be used for any other purpose under this Act unless a judge thinks it's fair to use it.

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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 4Regulatory and enforcement matters
Regulatory powers

56Effect of final decision that exercise of powers under section 53 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 53, 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.

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