Subpart 8—Privilege and confidentiality

Matters relating to interpretation and procedure

51 Interpretation

(1)

In this subpart,—

lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

legal adviser means—

(a)

a lawyer; or

(b)

a registered patent attorney; or

(c)

an overseas practitioner

overseas practitioner means—

(a)

a person who is entitled to practise as a barrister, or a solicitor, or both in the High Court of Australia or in a Supreme Court of a State or a territory of Australia; or

(b)

a person who is entitled to practise in Australia as a registered trade marks attorney; or

(c)

a person who is, under the laws of a country other than New Zealand or Australia, entitled to undertake work that, in New Zealand, is normally undertaken by a lawyer or a patent attorney

registered patent attorney has the meaning given to it by Part 6 of the Patents Act 2013.

(2)

A reference in this subpart to a communication or to any information includes a reference to a communication or to information contained in a document.

(3)

Despite subsection (2), in sections 60 to 63, information means a statement of fact or opinion to be given

(a)

orally; or

(b)

in a document that is prepared or created—

(i)

after and in response to a requirement to which any of those sections applies; but

(ii)

not for the principal purpose of avoiding criminal prosecution under New Zealand law.

(4)

A reference in this subpart to a communication made or received by a person or an act carried out by a person includes a reference to a communication made or received or an act carried out by an authorised representative of that person on that person’s behalf.

(5)

However, subsection (4) does not apply to any of the following sections:

(a)

section 58 (privilege for communications with ministers of religion):

(b)

section 59 (privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists):

(c)

section 64 (informers).

(6)

[Repealed]

Section 51(1) overseas practitioner paragraph (b): replaced, on 24 February 2017, by section 8 of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).

Section 51(1) overseas practitioner paragraph (c): replaced, on 8 January 2017, by section 19(1) of the Evidence Amendment Act 2016 (2016 No 44).

Section 51(1) registered patent attorney: inserted, on 24 February 2017, by section 8 of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).

Section 51(3): amended, on 8 January 2017, by section 19(2) of the Evidence Amendment Act 2016 (2016 No 44).

Section 51(6): repealed, on 8 January 2017, by section 19(3) of the Evidence Amendment Act 2016 (2016 No 44).