Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Oral evidence orders

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

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If a special order is made to question a witness, the prosecutor can withdraw a charge without asking the court. This happens when the court allows a witness to be questioned and the defendant is given permission to ask the witness about their identity. The prosecutor can do this under certain conditions, as stated in section 92 and section 109(1)(d) or 109B(2) of the Evidence Act 2006.

If the prosecutor withdraws a charge, it does not stop other proceedings from happening for the same matter. You should know that the law has rules about how charges can be withdrawn. The court's decision to withdraw a charge is based on specific rules and conditions.

The prosecutor's decision to withdraw a charge is not the end of the process. You can still have other proceedings related to the same matter. This means that even if a charge is withdrawn, the case is not necessarily closed.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2568019.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

93: Further consideration if application for oral evidence order for complainant in case of sexual nature, or

"Considering if a complainant in a sexual offence case should give evidence in person"

95: By whom oral evidence of witness to be taken, or

"Who gets to hear your evidence in court"

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Oral evidence orders

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

Despite section 146, the prosecutor may withdraw a charge without the leave of the court if—
an oral evidence order is made under section 92 allowing the oral examination of a prosecution witness; and
leave is granted to the defendant, on an application under section 109(1)(d) or 109B(2) of the Evidence Act 2006, to put any question to that witness relating to the identity of that witness or of another prosecution witness.

The withdrawal of a charge is not a bar to any other proceedings in the same matter.

Compare

1957 No 87 s 158

Notes

Section 94 heading: amended, on 28 November 2023, by section 20(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
Section 94(1)(b): amended, on 28 November 2023, by section 20(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).