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Appendix B

Statutory References to the Privilege Against Self-Incrimination

Enactment
Removes or preserves the privilege?
Expressly applies to documents?
Expressly extends to spouse?
Use immunity or transactional immunity provided?
Other comment?
Boilers, Lifts, and Cranes Act 1950
s 6
Preserves
No
No


Casino Control Act 1990
s 86
Preserves
No
No

Shall be informed of the right to refuse if answers would incriminate.
Children, Young Persons, and Their Families Act 1989
s 62
Removes
Yes
No
Use immunity
Section 62 relates solely to the production of documents.
Commerce Act 1986
s 106
Removes
Yes
Yes
Use immunity
Evidence may be used in proceedings for perjury or
Companies Act 1955
s 241
Removes
No
No
Use immunity

Companies Act 1993
s 267
Removes
No
No
Use immunity

Customs Act 1966
s 297
Removes
Yes
No
Use immunity
Evidence may be used in proceedings for perjury or
Dangerous Goods Act 1974
s 23
Preserves
No
No


s 33
Preserves
No
No


Driftnet Prohibition Act 1991
s 13
Preserves
No
No


Electoral Act 1993
s 248
Removes
No
No
Use and transactional immunity
Certificate of indemnity available which gives a stay of proceedings.
Electricity Act 1992
s 21
Preserves
No
No

Preservation limited to questions put under Part II of the Electricity Act.
s 116
Removes
Yes
No
Use immunity
Evidence may be used in proceedings under s 116(2)(b) (supplying false information).
Employment Contracts Act 1991
s 144
Preserves
No
No


Evidence Act 1908
s 4
Preserves
No
No


s 5
Removes
No
No

Recognises that an accused is not compellable, hence not compelled to incriminate him/herself when questioned in court.
s 48D
Preserves
No
No


Explosives Act 1957
s 10
Preserves
No
No


s 51
Preserves
No
No


Films, Videos, and Publications Classification Act 1993
s 106
Preserves
No
No

Shall be informed of right to refuse if answers would incriminate.
Fisheries Act 1983
s 79
Preserves
No
No

Note, very wide questioning powers.
Fishing Vessel OwnershipSavings Act 1977
s 27
Preserves
Yes
No


Gaming and Lotteries Act 1977
s 135
Preserves
No
No


Gas Act 1992
s 22
Preserves
No
No

Preservation limited to questions put under Part II of the Gas Act.
s 49
Removes
Yes
No
Use immunity
Evidence may be used in proceedings under s 49(2)(b) (supplying false
Health and Safety in Employment Act 1992
s 31
Preserves
Yes
No


Home Ownership Savings Act 1974
s 16
Preserves
Yes
No


Hovercraft Act 1971
s 5
Preserves
Yes
No


Inland Revenue Department Act 1974
s 18
Removes
No
No
Use immunity
Evidence may be used in proceedings for perjury.
Insolvency Act 1967
s 70
Removes
No
No
Use immunity
Evidence may be used in proceedings for perjury or supplying false information.
Legislature Act 1908
s 253
Removes
No
No
Use and transactional immunity
Transactional immunity available if Select Committee provides a certificate. Evidence may be used in proceedings for perjury.
Machinery Act 1950
s 6
Preserves
No
No


Niue Act 1966
s 294
Preserves
No
No


Ozone Layer Protection Act 1990
s 37
Preserves
No
No


Petroleum Demand Restraint Act 1981
s 18
Preserves
No
Yes


Proceeds of Crime Act 1991
s 47
Removes
No
No
Limited use immunity
Evidence may be used in proceedings for supplying false information, or in applications for restraining, forfeiture or pecuniary penalty orders.
s 72
Removes
Yes
No
Limited use immunity
Evidence may be used in proceedings for supplying false information, or in applications for restraining, forfeiture or pecuniary penalty orders.
Road User Charge Act 1977
s 18B
Removes
No
No
Use immunity
Evidence may be used in proceedings for perjury. Use immunity expressly applies to documents.
Secret Commissions Act 1910
s 15
Removes
Yes
No
Use immunity only in relation to Secret Commissions Act
Immunity is limited to prohibition against use of the answers or discovery in proceedings for an offence under the Secret
Serious Fraud Office Act 1990
s 27
Removes
Yes
No
Limited use immunity
Answers or information may be used if inconsistent evidence is later provided by the person, or in a proceeding for supplying false information. A refusal to answer questions or supply information may be used as evidence. No immunity in relation to documents produced.
Social Security Act 1964
s 11
Preserves
Yes
No


Takeovers Act 1995
s 11
Removes
Yes
Yes
Use immunity
Immunity limited to use in criminal proceedings.
Tax Administration Act 1994
s 18
Removes
No
No
Use immunity
Evidence may be used in proceedings for perjury.
s 19
Removes
Yes
No
Use immunity
Evidence may be used in proceedings for perjury.
Unit Trusts Act 1960
s 21
Removes
No
No
Use immunity
Evidence may be used in proceedings for perjury.
Weights and Measures Act 1987
s 29
Preserves
Yes
No

Shall be informed of the right to refuse if production would incriminate.
Wheat Industries Research Levies Act 1989
s 22
Preserves
Yes
No

Shall be informed of the right to refuse if production


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