Part 4
Miscellaneous and supplemental

Miscellaneous

27 Discovery
  • (1) Subject to and in accordance with rules of court,—

    • (a) in any proceedings (other than criminal proceedings) to which the Crown is a party or third party, the Crown may be required by the court to answer interrogatories if the Crown could be required to do so if it were a private person of full age and capacity; and

    • (b) in any such proceedings as aforesaid the Crown may be required by the court to make discovery of documents and produce documents for inspection if the Crown could be required to do so if it were a private person of full age and capacity:

    provided that this section shall be without prejudice to any rule of law which authorises or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

    (2) Any order of the court made under the powers conferred by paragraph (a) of the last preceding subsection shall direct by what officer of the Crown the interrogatories are to be answered.

    (3) Without prejudice to the proviso to subsection (1), any rules made for the purposes of this section shall be such as to secure that the existence of a document will not be disclosed if—

    • (a) the Prime Minister certifies that the disclosure of the existence of that document would be likely to prejudice—

      • (i) the security or defence of New Zealand or the international relations of the Government of New Zealand; or

      • (ii) any interest protected by section 7 of the Official Information Act 1982; or

    • (b) the Attorney-General certifies that the disclosure of the existence of that document would be likely to prejudice the prevention, investigation, or detection of offences.

    Compare: Crown Proceedings Act 1947 s 28 (UK)

    Section 27(1)(a): amended, on 1 July 1983, by section 2(1) of the Crown Proceedings Amendment Act 1982 (1982 No 165).

    Section 27(3): replaced, on 1 July 1983, by section 2(2) of the Crown Proceedings Amendment Act 1982 (1982 No 165).