21Limits on secrecy and privilege

#### 21 Limits on secrecy and privilege 21 Limits on secrecy and privilege > > (1) This section applies if, in an investigation under this Act or an inquiry under section 19, the Ombudsman requires any person— > > > > > (a) to give any statement of information, or > > > > > (b) to produce any document or other thing, or > > > > > (c) to give a copy of any document, or > > > > > (d) to answer any question. > > > (2) The Ombudsman must set aside the requirement if it appears to the Ombudsman that any person has a ground of privilege, whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Ombudsman that that person consents to compliance with the requirement. > > > (3) The requirement may however be made despite, and is not required to be set aside because of— > > > > > (a) any rule of law which, in proceedings in a court of law, might justify an objection to compliance with a like requirement on grounds of public interest, or > > > > > (b) any privilege of a public authority which the public authority might claim in a court of law, or > > > > > (c) any duty of secrecy or other restriction on disclosure applying to a public authority or a former public authority. > > **s 21:** Subst 1993 No 37, Sch 1 (2). Am 2010 No 80, sec 3 (1); 2013 No 35, Sch 3 \[4\].