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Evidence Act 2006

Trial process - Support, communication assistance, and views

80: Communication assistance

You could also call this:

"Help to understand and take part in a court case"

Illustration for Evidence Act 2006

You are entitled to communication assistance if you are a defendant in a criminal proceeding. This assistance helps you understand the proceeding and give evidence if you choose to. You can ask for this assistance or the Judge can decide you need it.

You can also get communication assistance if you are a witness in a civil or criminal proceeding. This help is so you can give evidence. You, another person involved in the case, or the Judge can ask for this assistance.

If someone helping with communication says something false in court to trick the Judge or a witness, it is treated as perjury under sections 108 and 109 of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393909.

Topics:
Crime and justice > Courts and legal help
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79: Support persons, or

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

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81: Communication assistance need not be provided in certain circumstances, or

"No help with understanding is needed if the Judge thinks you can follow the court case."

Part 3Trial process
Support, communication assistance, and views

80Communication assistance

  1. A defendant in a criminal proceeding is entitled to communication assistance, in accordance with this section and any regulations made under this Act, to—

  2. enable the defendant to understand the proceeding; and
    1. give evidence if the defendant elects to do so.

      1. Communication assistance may be provided to a defendant in a criminal proceeding on the application of the defendant in the proceeding or on the initiative of the Judge.

      2. A witness in a civil or criminal proceeding is entitled to communication assistance in accordance with this section and any regulations made under this Act to enable that witness to give evidence.

      3. Communication assistance may be provided to a witness on the application of the witness or any party to the proceeding or on the initiative of the Judge.

      4. Any statement made in court to a Judge or a witness by a person providing communication assistance must, if known by the person making that statement to be false and intended by that person to be misleading, be treated as perjury for the purposes of sections 108 and 109 of the Crimes Act 1961.