Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

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

95: By whom oral evidence of witness to be taken

You could also call this:

"Who gets to hear your evidence in court"

Illustration for Criminal Procedure Act 2011

When a court decides that someone must give oral evidence, the court can choose where and in front of whom this evidence is given. You might have to give your evidence in front of a District Court Judge, a Registrar of the District Court, one or more Justices, one or more Community Magistrates, a High Court Judge, or a Registrar of the High Court. The court picks a place it thinks is suitable for this.

If you give your evidence somewhere other than the main trial court, your evidence must be sent to the Registrar of the trial court. Your evidence is then treated as if you gave it at the trial court.

Only a High Court Judge can decide that evidence should be given to a High Court Judge or a Registrar of the High Court, even if the main court had other ideas about who should hear the evidence. You can find more information about this by looking at the related law from 1957.

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 It might be out of date or be missing some parts.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=DLM2568018.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

94: Withdrawal of charge if oral evidence order made for examination of undercover Police officer or intelligence witness, or

"The prosecutor can drop a charge without asking the court if a special witness needs to be questioned."

Next

96: Restriction on who may take oral evidence of complainant in case of sexual nature, or

"Only a Judge can hear your story in court if it's about a sexual offence."

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

95By whom oral evidence of witness to be taken

  1. If an oral evidence order is made, the court may direct that the evidence be taken at any court or place that the court considers suitable for the purpose before—

  2. a District Court Judge; or
    1. a Registrar of the District Court; or
      1. 1 or more Justices; or
        1. 1 or more Community Magistrates; or
          1. a High Court Judge; or
            1. a Registrar of the High Court.

              1. The oral evidence of any witness taken under this section at a court or place other than the trial court—

              2. must be forwarded to the Registrar of the trial court; and
                1. has effect as if it were oral evidence taken at the trial court.

                  1. Despite subsection (1) only a High Court Judge may direct that evidence be taken by a High Court Judge or a Registrar of the High Court.

                  Compare
                  Notes
                  • Section 95(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).