sec.85Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge

### sec.85 Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge The chairperson may issue an attendance notice requiring a person to attend immediately at a commission hearing at a stated place only with the approval of a Supreme Court judge. The judge may approve the issue of the attendance notice only if the judge is satisfied, on reasonable grounds, that— for a notice issued in the context of a crime investigation or corruption investigation, delay in attendance might result in— the commission of an offence; or an offender or suspected offender absconding; or the loss or destruction of evidence; or serious prejudice to the conduct of an investigation being conducted by the commission; or for a notice issued in the context of an intelligence function hearing under an authorisation under section 55A , delay in attendance might result in the loss of an opportunity to obtain timely intelligence— in advance of a significant event; or that may help prevent a risk to public safety. An attendance notice issued under section 82 (7) that requires the immediate attendance of someone at a commission hearing does not require the court’s approval under this section. Subsection (4) applies to an attendance notice issued in the context of a crime investigation or corruption investigation or the performance of the intelligence function under an authorisation under section 55A . The notice need not state the general nature of the matters about which the person may be questioned if the chairperson is satisfied that, in the particular circumstances of the investigation or the performance of the function, stating the matters would prejudice the effectiveness of the investigation or the performance of the function. s 85 amd 2006 No. 41 s 8 ; 2013 No. 45 s 15 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2024 No. 41 s 15 (sec.85-ssec.1) The chairperson may issue an attendance notice requiring a person to attend immediately at a commission hearing at a stated place only with the approval of a Supreme Court judge. (sec.85-ssec.2) The judge may approve the issue of the attendance notice only if the judge is satisfied, on reasonable grounds, that— for a notice issued in the context of a crime investigation or corruption investigation, delay in attendance might result in— the commission of an offence; or an offender or suspected offender absconding; or the loss or destruction of evidence; or serious prejudice to the conduct of an investigation being conducted by the commission; or for a notice issued in the context of an intelligence function hearing under an authorisation under section 55A , delay in attendance might result in the loss of an opportunity to obtain timely intelligence— in advance of a significant event; or that may help prevent a risk to public safety. An attendance notice issued under section 82 (7) that requires the immediate attendance of someone at a commission hearing does not require the court’s approval under this section. (sec.85-ssec.3) Subsection (4) applies to an attendance notice issued in the context of a crime investigation or corruption investigation or the performance of the intelligence function under an authorisation under section 55A . (sec.85-ssec.4) The notice need not state the general nature of the matters about which the person may be questioned if the chairperson is satisfied that, in the particular circumstances of the investigation or the performance of the function, stating the matters would prejudice the effectiveness of the investigation or the performance of the function. - (a) for a notice issued in the context of a crime investigation or corruption investigation, delay in attendance might result in— (i) the commission of an offence; or (ii) an offender or suspected offender absconding; or (iii) the loss or destruction of evidence; or (iv) serious prejudice to the conduct of an investigation being conducted by the commission; or - (i) the commission of an offence; or - (ii) an offender or suspected offender absconding; or - (iii) the loss or destruction of evidence; or - (iv) serious prejudice to the conduct of an investigation being conducted by the commission; or - (b) for a notice issued in the context of an intelligence function hearing under an authorisation under section 55A , delay in attendance might result in the loss of an opportunity to obtain timely intelligence— (i) in advance of a significant event; or (ii) that may help prevent a risk to public safety. Note— An attendance notice issued under section 82 (7) that requires the immediate attendance of someone at a commission hearing does not require the court’s approval under this section. - (i) in advance of a significant event; or - (ii) that may help prevent a risk to public safety. - (i) the commission of an offence; or - (ii) an offender or suspected offender absconding; or - (iii) the loss or destruction of evidence; or - (iv) serious prejudice to the conduct of an investigation being conducted by the commission; or - (i) in advance of a significant event; or - (ii) that may help prevent a risk to public safety.