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Criminal Procedure Act 2011

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

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

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you want to ask questions about who an undercover Police officer or intelligence witness is, you need to apply to the High Court. You can do this under section 109(1)(d) of the Evidence Act 2006 for an undercover Police officer, or under section 109B(2) of the Evidence Act 2006 for an intelligence officer or source. You have to make this application at the same time as you apply for an order to question the witness.

You make both applications to a High Court Judge, who will decide what to do. The Judge will look at your application to ask questions about the witness's identity and your application to question the witness.

The High Court Judge will determine both of your applications.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2568013.

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

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

  1. This section applies if the defendant wishes to apply,—

  2. under section 109(1)(d) of the Evidence Act 2006, for leave to put any questions relating to the identity of a witness called by the prosecutor who is an undercover Police officer; or
    1. under section 109B(2) of the Evidence Act 2006, for leave to put any questions relating to the identity of a witness called by the prosecutor who is an intelligence officer or an intelligence source.

      1. The application must be made at the same time as the application is made for an oral evidence order allowing the oral examination of the person to whom those questions are proposed to be put.

      2. Both the application referred to in subsection (1) and the application for an oral evidence order must be determined by a High Court Judge.

      Notes
      • Section 91: replaced, on , by section 19 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).