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Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial

199BA: Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial

You could also call this:

"Protecting witnesses: keeping video evidence secret before court"

Illustration for Criminal Procedure Act 2011

If you are a witness in a sexual case and your evidence is video recorded before trial, no one can share what you said except in certain situations. You can learn more about this in sections 106C to 106J of the Evidence Act 2006. This rule stays in place until your evidence is shown in court or the charges are dropped.

The rule stays in place until you give your evidence in court or the case is closed. This means the charges are either withdrawn, dismissed, or dealt with in some other way.

A court can decide to lift this rule or change it, which means they can allow some or all of your evidence to be shared. This does not affect other rules that might stop information from being shared.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS806143.

Topics:
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Part 5General provisions
Public access and restrictions on reporting: Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial

199BAAutomatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial

  1. No person may publish the whole or any part of a sexual case complainant’s or propensity witness’s evidence that is video recorded before trial (see sections 106C to 106J of the Evidence Act 2006) except as permitted by or under this section.

  2. The automatic suppression in subsection (1) remains in force, unless earlier lifted by the court, until—

  3. the evidence is presented at trial in the sexual case; or
    1. the relevant charges in the sexual case are withdrawn, dismissed, stayed, or otherwise disposed of.

      1. However, the court may, by order made on application or on its own initiative,—

      2. lift the suppression:
        1. vary the effect of the suppression by permitting the publication of any evidence as specified in the order.

          1. This section does not limit other suppression provisions or orders.

          Notes
          • Section 199BA: inserted, on , by section 47 of the Sexual Violence Legislation Act 2021 (2021 No 60).