Reprint as at 29 June 2009

Criminal Disclosure Act 2008

Public Act	2008 No 38
Date of assent	25 June 2008
Commencement	see section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.

1 Title

2 Commencement

Preliminary provisions

3 Purpose and overview

4 Application of Act

5 Act binds the Crown

Interpretation provisions

6 Interpretation

7 Meaning of Court and Judge

8 Meaning of relevant

9 Time of commencement of criminal proceedings

General provisions about disclosure of information

10 Service

11 Exercise of defendant's rights and duties by defendant's counsel

Disclosure by prosecutor

12 Initial disclosure

13 Full disclosure

14 Request for additional disclosure

15 Prosecutor not required to record information or to obtain information for sole purpose of disclosure

16 Reasons for withholding information

17 Restriction on disclosing address of witness or informant

18 Trade secrets may be withheld

19 Inspection of exhibit by defendant

Disclosure by defendant

20 Notice to defendant of disclosure requirements in sections 22 and 23

21 Notice to defendant of disclosure requirement in section 176 of Summary Proceedings Act 1957

22 Notice of alibi

23 Disclosure by defendant of evidence to be given by expert witness

Disclosure by non-parties

24 Application for non-party disclosure hearing

25 Determination of application for non-party disclosure hearing

26 Service of application and summons if application for hearing granted

27 Non-party disclosure hearing

28 Procedure if Judge subsequently satisfied that another person holds information sought

29 Determination of Court following non-party disclosure hearing

General powers of Courts in relation to disclosure

30 Court order for disclosure of information

31 Court order setting conditions for inspection of exhibit

General provisions

32 Court may make orders setting out timetable for disclosure

33 Appeals

34 Undisclosed information

Miscellaneous provisions

35 Certain applications must be on notice

36 Regulations

Amendments to other enactments

37 Amendment to Local Government Official Information and Meetings Act 1987

38 Amendment to Official Information Act 1982

39 Amendments to Privacy Act 1993

40 Other amendments and repeals

Transitional and savings provisions

41 Transitional provision

42 This Act not to limit or affect other enactments relating to availability of information

Schedule 1
Enactments amended

Schedule 2
Enactments repealed

Reprint notes

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Criminal Disclosure Act 2008 No 38 (as at 29 June 2009), Public Act

Criminal Disclosure Act 2008

Note

Contents

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