Protection of the Environment Operations Act 1997 No 156
Current version for 11 January 2013 to date (accessed 22 May 2013 at 16:25)
182 Nature of protection
(1) A protected document:(a) is not admissible in evidence against any person in any
proceedings connected with the administration or enforcement of the
environment protection legislation, and
(b) may not be inspected, copied, seized or otherwise obtained by the
EPA, any other regulatory authority, any authorised officer or any other
person for any purpose connected with the administration or enforcement of the
environment protection legislation,
and the EPA or any such authority, officer or other person may not, for
any such purpose, require a person to answer any question or provide any
information about the existence of the document or about what it
contains.
(2) The onus of establishing that a document is a protected document
lies on the person asserting that it is protected.
(3) A court may inspect any document that is claimed to be a protected
document for the purpose of determining whether it is or is not a protected
document.
(4) The regulations may prescribe procedures for making and
determining claims that a document is a protected
document.