Plain language law

New Zealand law explained for everyone

Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Obtaining attendance of witnesses

159: Issue of summons to witness

You could also call this:

"Getting a witness to court with a special order called a summons"

Illustration for Criminal Procedure Act 2011

If you are a prosecutor or a defendant, you can get a summons from a judicial officer or a Registrar to call a person to appear as a witness at a hearing. You can get this summons at any time in relation to a charge. The summons can require the person to bring and produce documents or things at the hearing.

If you are summoned to appear as a witness, you must go to the hearing unless you have a reasonable excuse. You must also bring any documents or things that the summons requires you to produce. If you do not appear or produce the required documents or things without a reasonable excuse, you can commit an offence.

If you commit this offence, you can be fined up to $1,000 if you are convicted. This is according to the Criminal Procedure Act 2011, which is related to earlier laws, such as the s 20(1), (2), (5) and the s 351(2).

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 It might be out of date or be missing some parts.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=DLM3360276.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

158: Attendance of witness at substitute court, or

"Going to a different court if your case is moved"

Next

160: Summons to witness to non-party disclosure hearing, or

"Asking someone to come to a special hearing to share information"

Part 5General provisions
Conduct of proceeding: Obtaining attendance of witnesses

159Issue of summons to witness

  1. Either the prosecutor or the defendant may at any time obtain from a judicial officer or a Registrar a summons calling on any person to appear as a witness at any hearing in relation to a charge.

  2. A summons issued under subsection (1) may require the person summoned to bring with him or her and produce at the hearing any document or thing that is specified in the summons.

  3. A person commits an offence if that person—

  4. has been served with a summons issued under subsection (1) requiring the person to appear as a witness at a hearing; and
    1. refuses or fails, without reasonable excuse, to appear or to produce any document or thing required by the summons to be produced.

      1. A person who commits an offence under subsection (3) is liable on conviction to a fine not exceeding $1,000.

      Compare