91 Evidence

(1)

The Commissioner may summon before him or her and examine on oath any person who in the Commissioner’s opinion is able to give information relevant to an investigation being conducted by the Commissioner under Part 8, or an inquiry being carried out by the Commissioner under section 13(1)(m).

(2)

The Commissioner may administer an oath to any person summoned pursuant to subsection (1).

(3)

Every examination by the Commissioner under subsection (1) shall be deemed to be a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

(4)

The Commissioner may from time to time, by notice in writing, require any person who in the Commissioner’s opinion is able to give information relevant to an investigation being conducted by the Commissioner under Part 8, or an inquiry being carried out by the Commissioner under section 13(1)(m), to furnish such information, and to produce such documents or things in the possession or under the control of that person, as in the opinion of the Commissioner are relevant to the subject matter of the investigation or inquiry.

(5)

Where the attendance of any person is required by the Commissioner under this section, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,—

(a)

the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply accordingly; and

(b)

the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations.

Compare: 1977 No 49 s 73(1), (2), (7); 1991 No 126 ss 24, 26(5)

Section 91(5)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).