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Inspector-General of Defence Act 2023

Inspector-General’s powers to obtain information and assistance - Additional powers in investigations

28: Inspector-General may examine witnesses

You could also call this:

"The Inspector-General can ask you questions and make you promise to tell the truth."

Illustration for Inspector-General of Defence Act 2023

You can be asked to answer questions by the Inspector-General if they think you have information about something they are investigating. The Inspector-General can make you promise to tell the truth and ask you questions. They can do this whether you work for the Defence Force or not. You might be asked to answer questions even if what you say would not be allowed in court. If you are asked questions, it is like being in a court, so you must tell the truth. You can look at section 109 of the Crimes Act 1961 and section 108 to learn more. If you answer questions, you might get paid for your time and expenses. The amount you get paid is decided by rules made under the Criminal Procedure Act 2011. But the Inspector-General can decide not to pay you the full amount if they want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS718296.

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29: Inspector-General may require provision of information, document, or other thing, or

"The Inspector-General can ask you for information or things to help with an investigation"

Part 4Inspector-General’s powers to obtain information and assistance
Additional powers in investigations

28Inspector-General may examine witnesses

  1. The Inspector-General may—

  2. examine a person on oath if the Inspector-General considers the person may be able to provide information relevant to an investigation; and
    1. summon, and administer an oath to, a person for that purpose.

      1. Subsection (1) applies—

      2. to a person working for the Defence Force or to any other person:
        1. whether or not the information would be admissible in a court of law.

          1. For the purposes of section 109 of the Crimes Act 1961 (which relates to perjury), an examination under this section must be treated as a judicial proceeding within the meaning of section 108 of that Act.

          2. The Inspector-General may pay fees, allowances, and expenses to anyone who appears as a witness before the Inspector-General.

          3. Any fees, allowances, and expenses paid under this section must be as set out in the scales prescribed by regulations made under the Criminal Procedure Act 2011.

          4. Despite subsection (5), the Inspector-General may disallow part of a sum payable to a witness under this section.