Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Filing of formal statements

84: Persons who may give evidence under assumed name or anonymously

You could also call this:

"Who can give evidence in court without using their real name"

Illustration for Criminal Procedure Act 2011

If you are an undercover Police officer, you can make a formal statement using the name you used during an investigation. You can also authenticate that statement using the same name. This is allowed under section 108 of the Evidence Act 2006.

If you are an intelligence officer or intelligence source, you can make a formal statement too. You can use the name of your assumed identity, or use the term "witness" followed by an initial or a mark. You can authenticate your statement in the same way. This is defined in section 109A of the Evidence Act 2006.

You can also make a formal statement if you are a witness who needs to stay anonymous. You can use the term "witness" followed by an initial or a mark, and authenticate your statement in the same way. This is allowed under sections 110 and 112 of the Evidence Act 2006.

This rule overrides any other rules that might say something different.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2568010.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
Previous

83: False statement in formal statement deemed to be perjury, or

"Lying in a formal statement is a crime, just like lying in court."

Next

85: Prosecutor must file formal statements, or

"The prosecutor must give the court important documents before a trial."

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Filing of formal statements

84Persons who may give evidence under assumed name or anonymously

  1. An undercover Police officer (within the meaning of section 108 of the Evidence Act 2006)—

  2. may make a formal statement in the name by which the officer was known during the relevant investigation; and
    1. may authenticate that statement, or any record of evidence prepared under section 99, in that name.

      1. An intelligence officer or intelligence source (as those terms are defined in section 109A of the Evidence Act 2006)—

      2. may make a formal statement,—
        1. in the case of an intelligence officer who has acquired an assumed identity under subpart 1 of Part 3 of the Intelligence and Security Act 2017, in the name of their assumed identity; or
          1. in any other case, using the term “witness” followed by an initial or a mark; and
          2. may authenticate that statement, or any record of evidence prepared under section 99, in that name or manner.

            1. A witness who is the subject of an application for an anonymity order made under section 110 or 112 of the Evidence Act 2006, or who is the subject of an anonymity order made under either of those sections,—

            2. may make a formal statement using the term witness followed by an initial or mark; and
              1. may authenticate that statement, or any record of evidence prepared under section 99, in that manner.

                1. This section overrides any contrary provision in this subpart.

                Compare
                Notes
                • Section 84 heading: amended, on , by section 17(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                • Section 84(1A): inserted, on , by section 17(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).