300Effect of consent

#### 300 Effect of consent 300 Effect of consent > > (1) This Division does not prevent the production of any document recording a protected confidence or the adducing of evidence disclosing a protected confidence or the contents of a document recording a protected confidence, in, or in connection with, any proceedings, if— > > > > > (a) the principal protected confider to whom the proceedings relate has consented to the production of the document or adducing of the evidence, or > > > > > (b) for a principal protected confider under 14 years of age—a person the court determines is a suitable person has consented to the production of the document or adducing of the evidence. > > > (1A) For the purposes of subsection (1)(b), the court may determine that a person is a suitable person only if— > > > > > (a) the person is not— > > > > > > > (i) the accused person in the proceedings, or > > > > > > > (ii) connected to the proceedings, and > > > > > (b) the court considers the person is acting in the best interests of the principal protected confider, and > > > > > (c) the court considers that determining the person is a suitable person would not— > > > > > > > (i) damage the relationship between the suitable person and the principal protected confider, or > > > > > > > (ii) cause undue embarrassment, humiliation or harm to the principal protected confider. > > > (2) Consent is not effective for the purposes of this section unless— > > > > > (a) the consent is given in writing, and > > > > > (b) the consent expressly relates to the production of a document or adducing of evidence that is privileged under this Division or would be so privileged except for a limitation or restriction imposed by this Division. > > **s 300 (previously s 152):** Renumbered 2001 No 119, Sch 1 \[126\]. Am 2001 No 119, Sch 1 \[129\]; 2019 No 20, Sch 1.10\[12\] \[13\].