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New Zealand law explained for everyone

Evidence Act 2006

Trial process - Eligibility and compellability

71: Eligibility and compellability generally

You could also call this:

"Who can give evidence in court and when they have to"

Illustration for Evidence Act 2006

In a court case, you can give evidence if you are a person. You are eligible to give evidence, and you must give that evidence if you are eligible. This means you have to tell the court what you know if you are called to give evidence.

There are some exceptions to this rule, which are explained in sections 72 to 75. These exceptions might stop you from giving evidence in some situations. You should look at these sections to understand when you might not have to give evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393695.

Topics:
Crime and justice > Courts and legal help
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70: Discretion as to matters of State, or

"The Judge can keep some information secret in a court case to protect important State matters."

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72: Eligibility of Judges, jurors, and counsel, or

"Who can and can't give evidence in a court case, like judges, jurors, and lawyers."

Part 3Trial process
Eligibility and compellability

71Eligibility and compellability generally

  1. In a civil or criminal proceeding,—

  2. any person is eligible to give evidence; and
    1. a person who is eligible to give evidence is compellable to give that evidence.

      1. Subsection (1) is subject to sections 72 to 75.