60 Privilege against self-incrimination

(1)

This section applies if—

(a)

a person is (apart from this section) required to provide specific information—

(i)

in the course of a proceeding; or

(ii)

by a person exercising a statutory power or duty; or

(iii)

by a Police officer or other person holding a public office in the course of an investigation into a criminal offence or possible criminal offence; and

(b)

the information would, if so provided, be likely to incriminate the person under New Zealand law for an offence punishable by a fine or imprisonment.

(2)

The person—

(a)

has a privilege in respect of the information and cannot be required to provide it; and

(b)

cannot be prosecuted or penalised for refusing or failing to provide the information, whether or not the person claimed the privilege when the person refused or failed to provide the information.

(3)

Subsection (2) has effect—

(a)

unless an enactment removes the privilege against self-incrimination either expressly or by necessary implication; and

(b)

to the extent that an enactment does not expressly or by necessary implication remove the privilege against self-incrimination.

(4)

Subsection (2) does not enable a claim of privilege to be made—

(a)

on behalf of a body corporate; or

(b)

on behalf of any person other than the person required to provide the information (except by a legal adviser on behalf of a client who is so required); or

(c)

by a defendant in a criminal proceeding when giving evidence about the matter for which the defendant is being tried.

(5)

This section is subject to section 63.