155I Other privileges

(1)

If, in a criminal proceeding, a person could assert a privilege under section 54 or 56 of the Evidence Act 2006 in respect of a communication or information, that person has the same privilege for the purposes of a notice issued under section 155B or 155C, an order made under section 155E, and a search warrant issued under section 155G.

(2)

Subsection (3) applies to documents that are books of account or accounting records referred to in section 55(1) of the Evidence Act 2006.

(3)

The application, by subsection (1), of section 54 of the Evidence Act 2006 (which relates to the privilege for communications with legal advisers) does not prevent, limit, or affect—

(a)

the issue of a notice under section 155B in respect of a document to which this subsection applies or the obligation to comply with such a notice; or

(b)

the making of an order under section 155E in respect of a document to which this subsection applies or the obligation to comply with such an order; or

(c)

the issue of a search warrant under section 155G in respect of a document to which this subsection applies; or

(d)

the admissibility, in a criminal proceeding under this Act, of any evidence that relates to the contents of a document to which this subsection applies obtained under a notice issued under section 155B, an order made under section 155E, or a search warrant issued under section 155G.

(4)

A person who has a privilege under this section has the right—

(a)

to refuse to disclose a communication or information to which the privilege would apply if it were sought to be disclosed in a criminal proceeding; and

(b)

to prevent the search of any such communication or information; and

(c)

to require the return of any such communication or information if it is seized by a person exercising a power of search pending determination of the claim to privilege.

(5)

If a person asserts a claim to privilege under this section in respect of any communication or information, a Customs officer or a constable may apply to a District Court Judge for an order determining whether the claim to privilege is valid; and, for the purpose of determining any such application, the District Court Judge may require the communication or information to be produced to him or her.

(6)

A District Court Judge may, on the application of a Customs officer or a constable, disallow a privilege claimed under this section if the Judge is satisfied that the claim to privilege would, under section 67(1) of the Evidence Act 2006, be disallowed in a proceeding.

(7)

Section 65 of the Evidence Act 2006 (which relates to waiver of privilege) applies in respect of any privilege under this section.

Section 155I: inserted, on 7 October 2011, by section 23 of the Trade Marks Amendment Act 2011 (2011 No 71).