Evidence Act 2006

Trial process - Support, communication assistance, and views

82: Views

You could also call this:

"When the court visits a place to help decide a case"

When you are in a court case, the Judge might think it is a good idea to look at a place or thing outside the courtroom. The Judge can decide to do this on their own or because someone involved in the case asked them to. You can ask the Judge to do this, or they might decide to do it by themselves.

If there are people on a jury helping to decide the case, the Judge can tell them to go and look at the place or thing. The Judge can do this at any time before the jury makes a decision, and they can even tell them to go back and look again while they are discussing the case. If there is no jury, the Judge can go and look at the place or thing at any time before they make a decision.

When the Judge or jury goes to look at a place or thing, they can use what they see as evidence in the case. Everyone involved in the case, including the person who might be in trouble, can go and look at the place or thing with the Judge, but they can also choose not to go if they do not want to. A view is when the Judge, or the Judge and jury, go and look at a place or thing that is not in the courtroom.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393911.

Topics:

Crime and justice > Courts and legal help

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."

83: Ordinary way of giving evidence, or

"Telling the court what you know, usually by speaking or sometimes in writing"

Part 3Trial process
Support, communication assistance, and views

82Views

If, in any proceeding, the Judge considers that a view is in the interests of justice, the Judge may—
hold a view; or
if there is a jury, order a view.

A view may be held or ordered on the application of any party or on the Judge’s own initiative.
If there is a jury, a view may be ordered to be held at any time before the jury retires, and the Judge may order a further view of the same place or thing during the jury’s deliberations.
If there is not a jury, the Judge may hold a view at any time before judgment is delivered.
Information obtained at a view may be used as though that information had been given in evidence.
Every party, including the defendant in a criminal proceeding, and lawyers for the parties, is entitled to attend a view, but any party, or that party’s lawyer, may waive that entitlement.
In this section, view means an inspection by the Judge or, if there is a jury, by the Judge and jury, of a place or thing that is not in the courtroom.