33Applications to Supreme Court for review of Commission’s decisions concerning entitlement to refuse to take oath or affirmation, produce documents or things or answer questions

#### 33 Applications to Supreme Court for review of Commission’s decisions concerning entitlement to refuse to take oath or affirmation, produce documents or things or answer questions 33 Applications to Supreme Court for review of Commission’s decisions concerning entitlement to refuse to take oath or affirmation, produce documents or things or answer questions > > (1) This section applies to a person who claims to be entitled to refuse— > > > > > (a) to produce information or a document or thing that the person is required to produce by a production notice under section 28, or > > > > > (b) to answer a question put to the person, or to produce a document or thing that the person was required to produce, at a hearing before the Commission under section 30 (4), or > > > > > (c) to comply with a requirement to take an oath or affirmation, to answer a question or to produce a document or thing at a hearing referred to in section 24. > > > (2) The Commission must decide as soon as practicable whether in its opinion the claim of a person to whom this section applies is justified and notify the person of its decision. > > > (3) If the person is dissatisfied with the Commission’s decision, the person may apply to the Supreme Court for review of the decision. > > > (4) The person is not entitled to apply to the Supreme Court for review unless the person has produced the document or thing to the Commission or placed the document or thing in the custody of the appropriate officer of that Court. > > > (5) If the person produces the document or thing and makes such an application, the Commission must cause the document or thing to be placed in the custody of the appropriate officer of that Court. > > > (6) An application by a person under subsection (3) must— > > > > > (a) be made in such manner as is prescribed by rules of court, and > > > > > (b) set out the grounds of the application, and > > > > > (c) be lodged with the appropriate Registry of the Supreme Court within the period of 5 days (excluding days on which the Registry is closed) immediately after the date on which the Commission notified the person of the decision to which the application relates. > > > (7) If a decision of the Commission under this section relates to 2 or more questions, or to 2 or more documents or things, the decision must, to the extent to which it relates to a particular question or document or thing, be taken, for the purposes of this Act, to constitute a separate decision relating to that question or document or thing only. > > **s 33:** Am 2014 No 82, Sch 2 \[3\].