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Inspector-General of Defence Act 2023

Inspector-General’s powers to obtain information and assistance - Protection of information, etc

37: Inspector-General and others not compellable witnesses

You could also call this:

"Some people, like the Inspector-General, can't be forced to give evidence in court, except in certain situations."

Illustration for Inspector-General of Defence Act 2023

You cannot force certain people to give evidence in court. These people are the Inspector-General, the Deputy Inspector-General, and others who work with them. They do not have to share what they know or show documents they have made. You also cannot make them give the court any information or documents they have. This is because they are doing important work and need to keep things private. But there are some exceptions to this rule. If someone breaks the law, like committing an offence against section 46, these people might have to give evidence. They might also have to give evidence if someone breaks certain laws in the Crimes Act 1961, like section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B. This means they have to follow the law and give evidence in certain situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS723840.

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Crime and justice > Courts and legal helpGovernment and voting > Government departments
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36: Duty of confidentiality, or

"Keeping Secret Information Safe"

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38: Inspector-General may make order protecting privacy or confidentiality, or

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Part 4Inspector-General’s powers to obtain information and assistance
Protection of information, etc

37Inspector-General and others not compellable witnesses

  1. The following people cannot be required to give evidence in court, or in other proceedings of a judicial nature, in respect of anything that comes to their knowledge in the course of performing the Inspector-General’s functions or working for, or providing a service to, the Inspector-General:

  2. the Inspector-General:
    1. the Deputy Inspector-General:
      1. an employee or a contractor of, or a secondee to, the Inspector-General:
        1. an independent person to whom any information, document, or other thing is referred under section 40(2):
          1. a member of an advisory panel:
            1. an advisor appointed under section 49:
              1. a person who was formerly a person within any of paragraphs (a) to (f).

                1. The people specified in subsection (1)(a) to (g) cannot be required to provide to a court, or in other proceedings of a judicial nature, any working document or internal record, or any other information, document, or other thing, that is created in the course of—

                2. performing the Inspector-General’s functions; or
                  1. working for, or providing a service to, the Inspector-General.

                    1. Subsections (1) and (2) do not apply to proceedings for—

                    2. an offence against section 46:
                      1. an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961:
                        1. an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961:
                          1. an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961.

                            Notes
                            • Section 37(3)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).