Evidence Act 2006

Trial process - Support, communication assistance, and views

79: Support persons

You could also call this:

"Having a support person with you when you give evidence in court"

Illustration for Evidence Act 2006

When you are giving evidence in court, you might want someone to support you. You can have one person near you to give you support when you are giving evidence. The Judge can let you have more than one person if they think it is okay.

If you are a child or a complainant, you are allowed to have someone near you to give you support. The Judge can also let other witnesses have someone near them to give support. This applies whether you give evidence in the usual way or in a special way.

The Judge can stop someone from supporting you if they think it is not fair. You will need to tell everyone involved in the case who will be supporting you, unless the Judge says you do not have to. The Judge can also give directions about how the support person should behave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393908.


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Part 3Trial process
Support, communication assistance, and views

79Support persons

  1. A complainant, when giving evidence in a criminal proceeding, is entitled to have 1 person, and may, with the permission of the Judge, have more than 1 person, near him or her to give support.

  2. A child witness, when giving evidence in a criminal proceeding, is entitled to have 1 person, and may, with the permission of the Judge, have more than 1 person, near him or her to give support.

  3. Any other witness, when giving evidence in any proceeding, may with the permission of the Judge, have 1 or more support persons near him or her to give support.

  4. Subsections (1), (1A), and (2) apply whether the witness or complainant gives evidence in an alternative way or in the ordinary way.

  5. Despite subsections (1), (1A), and (2), the Judge may, in the interests of justice, direct that support may not be given to a complainant or a child witness or other witness by—

  6. any person; or
    1. a particular person.
      1. A complainant or a child witness or other witness who is to have a support person near him or her while giving evidence must, unless the Judge orders otherwise, disclose to all parties as soon as practicable the name of each person who is to provide that support.

      2. The Judge may give directions regulating the conduct of a person providing or receiving support under this section.

      Notes
      • Section 79(1A): inserted, on , by section 24(1) of the Evidence Amendment Act 2016 (2016 No 44).
      • Section 79(2A): inserted, on , by section 24(2) of the Evidence Amendment Act 2016 (2016 No 44).
      • Section 79(3): replaced, on , by section 24(3) of the Evidence Amendment Act 2016 (2016 No 44).
      • Section 79(4): amended, on , by section 24(4) of the Evidence Amendment Act 2016 (2016 No 44).