22Notices to witnesses

22 Notices to witnesses

(1)  A Commission may, by notice served on a person, require that person to appear before it to do either or both of the following:

(a) give evidence;

(b) produce to the Commission, or a person designated by the Commission, any document or thing in that person's possession or control which the Commission considers relevant to its inquiry.

(2)  A Commission must not require a person to give evidence about a matter if that person has been charged with an offence in respect of that matter.

(3)  Subsection (2) does not apply if the charge has been finally disposed of.

(4)  If the Commission considers it expedient to do so because of the distance a person resides from the place at which the Commission would otherwise require that person to attend to give evidence, or because of any other consideration, the Commission may appoint another person to take the evidence of that person and report that evidence to the Commission.

(5)  [Section 22 Subsection (5) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 22 Subsection (5) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 22 Subsection (5) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] [Section 22 Subsection (5) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 22 Subsection (5) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 22 Subsection (5) substituted by No. 67 of 2009, s. 115, Applied:01 Oct 2010] If a person required or directed to give evidence to a Commission is –

(a) a prisoner or detainee under the Corrections Act 1997 or the Youth Justice Act 1997 ; or