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.
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