Criminal Disclosure Act 2008

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Version as at 28 October 2021

Coat of Arms of New Zealand

Criminal Disclosure Act 2008

Public Act
2008 No 38
Date of assent
25 June 2008
see section 2

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.


3Purpose and overview
4Application of Act
5Act binds the Crown
7Meaning of court and Judge
8Meaning of relevant
9Time of commencement of criminal proceedings
11Exercise of defendant’s rights and duties by defendant’s counsel
12Initial disclosure
13Full disclosure
14Request for additional disclosure
14AInformation relating to identification witnesses to be supplied to defendant
15Prosecutor not required to record information or to obtain information for sole purpose of disclosure
16Reasons for withholding information
17Restriction on disclosing address of witness or informant
18Trade secrets may be withheld
19Inspection of exhibit by defendant
20Notice to defendant of disclosure requirements in sections 22 and 23
21Notice to defendant of disclosure requirement in section 176 of Summary Proceedings Act 1957 [Repealed]
22Notice of alibi
23Disclosure by defendant of evidence to be given by expert witness
24Application for non-party disclosure hearing
25Determination of application for non-party disclosure hearing
26Service of application and summons if application for hearing granted
27Non-party disclosure hearing
28Procedure if Judge subsequently satisfied that another person holds information sought
29Determination of court following non-party disclosure hearing
30Court order for disclosure of information
31Court order setting conditions for inspection of exhibit
32Court may make orders setting out timetable for disclosure
34Undisclosed information
34AInformation disclosed late by defendant
35Certain applications must be on notice
37Amendment to Local Government Official Information and Meetings Act 1987
38Amendment to Official Information Act 1982
39Amendments to Privacy Act 1993
40Other amendments and repeals
41Transitional provision
42This Act not to limit or affect other enactments relating to availability of information

The Parliament of New Zealand enacts as follows: