Inspector-General of Defence Act 2023

Inspector-General’s powers to obtain information and assistance - Additional protections for investigations and investigation participants

39: Investigations must be conducted in private unless Inspector-General decides otherwise

You could also call this:

"Investigations are usually private, but the Inspector-General can make them public."

Illustration for Inspector-General of Defence Act 2023

When you are part of an investigation, it is usually done in private. The Inspector-General can decide to make it public if they want to. They think about what is best before making this decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS858035.

This page was last updated on View changes


Previous

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

"The Inspector-General can stop people sharing secret information to keep them safe."


Next

40: Immunities and privileges of investigation participants, or

"People in an investigation have the same rights as they would in court"

Part 4Inspector-General’s powers to obtain information and assistance
Additional protections for investigations and investigation participants

39Investigations must be conducted in private unless Inspector-General decides otherwise

  1. Every investigation must be conducted in private, except as provided by subsections (2) and (3).

  2. The Inspector-General may decide to conduct an investigation, or part of an investigation, in public.

  3. Before making a decision under subsection (2), the Inspector-General must have regard to—

  4. the benefits of observing the principle of open justice, and the risk to public confidence in an investigation of conducting it in private:
    1. the need for the investigation to ascertain the facts properly:
      1. the risk that conducting the investigation, or the part of the investigation, in public would result in the public disclosure of sensitive information or the disclosure of information in breach of its security classification:
        1. whether conducting the investigation, or the part of the investigation, in public would interfere with the administration of justice, including a person’s right to a fair trial:
          1. any other consideration that the Inspector-General considers relevant.