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Evidence Act 2006

Trial process - Oaths and affirmations

77: Witnesses to give evidence on oath or affirmation

You could also call this:

"Telling the truth in court: promising to be honest when giving evidence"

Illustration for Evidence Act 2006

When you are a witness in a court case and you are 12 years or older, you must take an oath or make an affirmation before you give evidence. This means you promise to tell the truth. If you are under 12 years old, the Judge will tell you how important it is to tell the truth and not lie, and then you must promise to tell the truth before you give evidence.

If you are under 12 years old, your evidence is treated the same as if you had promised to tell the truth on oath. The Judge can also let you give evidence without making any promises, but they will still remind you to tell the truth.

In any case, the Judge wants to make sure you know that telling the truth is very important when you are giving evidence in court, so you will be reminded of this before you start talking.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393905.

Topics:
Crime and justice > Courts and legal help
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Part 3Trial process
Oaths and affirmations

77Witnesses to give evidence on oath or affirmation

  1. A witness in a proceeding who is of or over the age of 12 years must take an oath or make an affirmation before giving evidence.

  2. A witness in a proceeding who is under the age of 12 years—

  3. must be informed by the Judge of the importance of telling the truth and not telling lies; and
    1. must, after being given that information, make a promise to tell the truth, before giving evidence.

      1. Evidence given by a witness to whom subsection (2) applies must be treated in the same manner as if that evidence had been given on oath.

      2. Despite subsections (1) and (2), a witness—

      3. to whom either of those subsections applies may give evidence without taking an oath, or making an affirmation, or making a promise to tell the truth, with the permission of the Judge; and
        1. if the Judge gives permission under paragraph (a), must be informed by the Judge of the importance of telling the truth and not telling lies, before the witness gives evidence; and
          1. after being given the information referred to in paragraph (b), may give evidence that must be treated in the same manner as if that evidence had been given on oath.