When an oral evidence order is made, you need to follow subpart 5 of the Evidence Act 2006. This subpart is about alternative ways of giving evidence. It applies to the taking of oral evidence, but with some changes if they are needed. You have to adapt the rules to fit the situation.

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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=DLM2568020.

Topics:

Crime and justice > Courts and legal help

97: Persons who may be present if oral evidence taken from complainant in case of sexual nature, or

"Who can be in court with you if you're giving evidence about a sexual offence"

99: Oral evidence must be recorded, or

"When you tell something in court, it gets written down or recorded so it's accurate."

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

98Application of subpart 5 of Part 3 of Evidence Act 2006

If an oral evidence order is made, subpart 5 (alternative ways of giving evidence) of Part 3 (trial process) of the Evidence Act 2006 applies with any necessary modifications to the taking of the oral evidence.

Notes

Section 98 heading: amended, on 21 December 2022, by section 42(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
Section 98: amended, on 21 December 2022, by section 42(2) of the Sexual Violence Legislation Act 2021 (2021 No 60).