Non-bank Deposit Takers Act 2013

Provisions about information disclosed

53 Privileges where information required to be disclosed


If a person could, in a criminal proceeding, assert a privilege under sections 54 to 57 of the Evidence Act 2006 in respect of any communication or information, the person is taken to have the same privilege for the purposes of—


a request under section 49(2) to supply access to accounting and other records of a licensed NBDT or provide information relating to those records; and


a notice under section 51(1)(a).


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


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


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


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


If a person refuses to disclose a communication or information on the ground that it is privileged under this section, the Governor may apply to a District Court Judge for an order determining whether the claim of 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.


A District Court Judge may, on the application of the Governor, 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.


Subsection (6) applies to documents that are books of account or accounting records referred to in section 55(1) of the Evidence Act 2006.


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—


the issue of, or the obligation to comply with, a notice under section 51(1)(a) in respect of a document to which this subsection applies; or


the admissibility, in a criminal proceeding under this Act, of any evidence that relates to the contents of a document obtained as a result of a notice under section 51(1)(a).


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


Nothing in this section affects the application of section 60 of the Evidence Act 2006.

Compare: 1989 No 157 s 157ZN