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s 34

Inspection and retention of documents

In force
Part 5Proceedings—council and commissions
Division 5.2Evidence

34 Inspection and retention of documents

(1)

A council member, a member of the staff of the council or an authorised person may—

(a)

inspect a document or other thing produced before, or delivered to, the council; and

(b)

retain possession of the document or thing for the period necessary for the purposes of the inquiry to which the document or thing relates; and

(c)

in the case of a document produced before, or delivered to, the council—make copies of, or take extracts from, the parts of the document that are relevant to a matter the subject of the inquiry.

(2)

A commission, a member, a member of the staff of a commission or an authorised person may—

(a)

inspect a document or other thing produced before, or delivered to, the commission; and

(b)

retain possession of the document or thing for such period as is necessary for the purposes of the inquiry to which the document or thing relates; and

(c)

in the case of a document produced before, or delivered to, the commission—make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the inquiry.

(3)

Where a document is retained under subsection (1) (b) or (2) (b)—

(a)

the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a member to be a true copy and the certified copy must be received in all courts as evidence as if it were the original; and

(b)

until the certified copy is supplied, the commission must, at such times and places as it thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

(4)

If the retention of a document or other thing by the council or a commission ceases to be necessary for the purposes of an inquiry and a person who reasonably appears to the council or commission to be entitled to the document or thing requests it, the council or commission must return the document or thing to the person.

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