Land Access Ombudsman Act 2017

If a land access dispute referral has been accepted by the land access ombudsman, the ombudsman may, by notice given to a party to the land access dispute the subject of the referral, require the party to give the ombudsman—

a stated document or information at a stated reasonable time and place; or

access to a stated document or information.

A requirement under subsection (1) may relate only to documents or information related to the investigation of the land access dispute referral.

A requirement under subsection (1) may be included in an investigation notice.

A party of whom a requirement is made under subsection (1) must comply with the requirement unless the party has a reasonable excuse.

It is a reasonable excuse for a party not to comply with the requirement if—

the document or information is not in the party’s possession or control; or

the document or information is in another person’s possession and—

the party has taken all reasonable steps to obtain the document or information from the other person; and

the other person has not given it to the party; or

the party is an individual and complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.

A party is not obliged to disclose a document or information under this section if the document or information—

is protected by legal professional privilege; or

is a communication of an admission made by a party before the land access referral was made, and in the course of negotiations to attempt to settle the land access dispute between the parties.