Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Pre-trial orders as to admissibility of evidence: jury trial procedure

101: Pre-trial order relating to admissibility of evidence: jury trial

You could also call this:

"Asking the court to decide if you can use certain evidence before a jury trial starts"

Illustration for Criminal Procedure Act 2011

If you are going to court for a jury trial, you might want to use some evidence to help your case. You can ask the court to decide if you can use this evidence before the trial starts. You can do this by making an application to the court, and the court will listen to what you and the other party have to say before making a decision. The court can make an order that says you can use the evidence, and they can also add conditions to this order.

If your case is about a serious crime, or if it involves national security information, you might need to follow special rules. You might need to tell the Solicitor-General that you are going to make an application to the court. The Solicitor-General is a lawyer who works for the government.

When you make an application to the court, you need to do it on time, according to the court's rules. The court will then decide if they will let you use the evidence, and they can make an order that says what you can and can't do. This order doesn't stop you or the other party from trying to use other evidence during the trial, and it doesn't stop the court from making its own decisions about what evidence to allow.

Sometimes, you will need to make your application to the High Court, which is a more senior court. This might happen if the evidence you want to use was obtained with the help of the High Court, or if your case involves national security information. The High Court can make decisions about what evidence you can use, and they can also add conditions to their orders.

In New Zealand, crimes are categorised, and some crimes are more serious than others. A specified category 3 offence is a type of crime that is punishable by a long time in prison, or a big fine. You can find more information about the laws that apply to your case by looking at the Security Information in Proceedings (Repeals and Amendments) Act 2022.

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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=DLM3360164.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

100: Proceeding may be continued despite witness's failure to appear or give evidence, or

"The court case can still happen even if a witness doesn't show up or give evidence."

101A: National security information: pre-trial hearing and order, or

"Special rules for keeping national security information secret in court cases"

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Pre-trial orders as to admissibility of evidence: jury trial procedure

101Pre-trial order relating to admissibility of evidence: jury trial

This section applies if—
the prosecutor or the defendant wishes to adduce any particular evidence at a jury trial; and
he or she believes that the admissibility of that evidence may be challenged.

The prosecutor or the defendant may apply to the court for a pre-trial order to the effect that the evidence is admissible.
Subsection (2B) applies to an application if—
it relates to a jury trial for—
1. a category 4 offence; or
2. a specified category 3 offence; or
3. any other category 3 offence and the High Court grants leave for the application to be made; and
either party asserts that evidence to which the application relates is evidence based on national security information.

If this subsection applies, the party must notify the Solicitor-General that it intends to make the application under subsection (2).
An application under subsection (2) must be made by the time prescribed by rules of court.
The court must give each party an opportunity to be heard in respect of the application before deciding whether or not to make the order.
The court may make an order under this section on any terms and subject to any conditions that the court thinks fit.
Nothing in this section nor in any order made under this section affects—
the right of the prosecutor or the defendant to seek to adduce evidence that he or she claims is admissible during the trial; or
the discretion of the court at the trial to allow or exclude any evidence in accordance with any rule of law.

The application must be made to the High Court if—
the evidence has been obtained under an order made, or a warrant issued, by the High Court; or
it is an application to which subsection (2A) applies.

In this section, specified category 3 offence means a category 3 offence that—
is punishable by imprisonment for life or by imprisonment for 7 years or more; or
if committed by a body corporate, is punishable only by a fine, but that, if committed by an individual, would be punishable by imprisonment for life or by imprisonment for 7 years or more.

Compare

1961 No 43 s 344A

Notes

Section 101(2A): inserted, on 28 November 2023, by section 21(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
Section 101(2B): inserted, on 28 November 2023, by section 21(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
Section 101(7): replaced, on 28 November 2023, by section 21(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
Section 101(8): inserted, on 28 November 2023, by section 21(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).