Evidence Act 2006

Trial process - Questioning of witnesses

85: Unacceptable questions

You could also call this:

"Questions a judge won't let you ask in court because they're unfair or confusing"

Illustration for Evidence Act 2006

In a court case, if a judge thinks a question is unfair or too hard for a witness to understand, the judge must not let the question be asked or tell the witness they do not have to answer it. The judge considers things like how old the witness is, if they have any disabilities, and where they come from when deciding if a question is okay. The judge also thinks about what kind of case it is and how the questions might affect the witness.

If a question is hypothetical, the judge thinks about whether the idea behind the question will be proven with other evidence in the case. The judge looks at all the questions that have been asked and how they might be affecting the witness. You can find more information about changes to this law in the Sexual Violence Legislation Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393916.


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Part 3Trial process
Questioning of witnesses

85Unacceptable questions

  1. In any proceeding, if the Judge considers a question, or the way in which it is asked, is improper, unfair, misleading, needlessly repetitive, or expressed in language that is too complicated for the witness to understand, the Judge must disallow the question or direct that the witness is not obliged to answer it.

  2. Without limiting the matters that the Judge may take into account for the purposes of subsection (1), the Judge may have regard to—

  3. the age, maturity, or vulnerability of the witness; and
    1. any physical, intellectual, psychological, or psychiatric impairment of the witness; and
      1. the linguistic or cultural background or religious beliefs of the witness; and
        1. the nature of the proceeding; and
          1. in the case of a hypothetical question, whether the hypothesis has been or will be proved by other evidence in the proceeding; and
            1. the nature of previous questions and any cumulative impact the questioning may have on the witness.
              Notes
              • Section 85(1): replaced, on , by section 9(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
              • Section 85(2)(a): replaced, on , by section 9(2) of the Sexual Violence Legislation Act 2021 (2021 No 60).
              • Section 85(2)(f): inserted, on , by section 9(3) of the Sexual Violence Legislation Act 2021 (2021 No 60).