Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Application for oral evidence order

90: Application for oral evidence order

You could also call this:

"Asking the court to question a witness in a case"

Illustration for Criminal Procedure Act 2011

If you are involved in a court case, you or the other party can ask the court to let you question a potential witness. You can do this even if the witness has not made a formal statement. You must ask the court within a certain time frame, which is set by the court's rules.

When you ask the court to question a witness, you must follow the rules. There is an exception to this rule, which is explained in section 91(3). This means that in some cases, you might not have to ask the court to question a witness.

You should be aware that the court's rules and laws can change. For example, section 18 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 changed some of the rules. These changes happened on 28 November 2023.

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 It might be out of date or be missing some parts.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=DLM2568012.

Topics:
Crime and justice > Courts and legal help
Previous

89: Unrepresented defendants at trial callover hearing, or

"What you must tell the court if you're on trial without a lawyer"

Next

91: Application for leave to question identity of undercover Police officer or intelligence witness to be determined by High Court, or

"Asking to reveal an undercover police officer or witness's identity: applying to the High Court"

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Application for oral evidence order

90Application for oral evidence order

  1. Either party may apply to the court for an order allowing the oral examination of a potential witness whether or not that witness has provided a formal statement.

  2. An application under subsection (1) must be made within the time prescribed by rules of court.

  3. The requirement under subsection (1) to apply to the court is subject to section 91(3).

Compare
Notes
  • Section 90(3): amended, on , by section 18 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).