Fisheries Management Act 1994 No 38
258B Provisions relating to requirements to provide
information or answer questions
(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with an
information requirement unless the person was warned on that occasion that a
failure to comply is an offence.
(2) Self-incrimination not an excuse
A person is not excused from an information requirement on the
ground that the record, information or answer might incriminate the person or
make the person liable to a penalty.
(3) Information or answer not admissible if objection
However, any information furnished or answer given by a natural
person in compliance with an information requirement is not admissible in
evidence against the person in criminal proceedings (except proceedings for an
offence under section 258, 258A or 259) if:
(a) the person objected at the time to doing so on the ground that it
might incriminate the person, or
(b) the person was not warned on that occasion that the person may
object to furnishing the information or giving the answer on the ground that
it might incriminate the person.
(4) Records admissible
Any record furnished by a person in compliance with an information
requirement is not inadmissible in evidence against the person in criminal
proceedings on the ground that the record might incriminate the
(5) Further information
Further information obtained as a result of a record or
information furnished or of an answer given in compliance with an information
requirement is not inadmissible on the ground:
(a) that the record or information had to be furnished or the answer
had to be given, or
(b) that the record or information furnished or answer given might
incriminate the person.
(6) For the purposes of this section, an information
requirement is a requirement made by a fisheries officer under
section 258 or 258A.