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New Zealand law explained for everyone

Evidence Act 2006

Trial process - Questioning of witnesses

87: Privacy as to witness’s precise address

You could also call this:

"Keeping your home address private when you're a witness in court"

Illustration for Evidence Act 2006

When you are a witness in a court case, your exact address is private. The court cannot ask you for your street name and number without the Judge's permission. You cannot be forced to tell the court your exact address unless the Judge says it is okay.

If someone wants to ask you about your address, they need to ask the Judge first. The Judge will only say yes if the question is very important to the case. The Judge wants to make sure you are protected and that the case is fair.

If someone needs to ask about your address, they usually do it in a private room. This is so your address is not shared with everyone in the court. But if you are accused of a crime, the court might need to tell you your address as part of the charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393918.

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Part 3Trial process
Questioning of witnesses

87Privacy as to witness’s precise address

  1. In any proceeding, the precise particulars of a witness’s address (for example, details of the street and number) may not, without the permission of the Judge, be—

  2. the subject of any question to a witness or included in any evidence given; or
    1. included in any statement or remark made by a witness, lawyer, officer of the court, or any other person.

      1. The Judge must not grant permission under subsection (1) unless satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interests of justice.

      2. An application for permission under subsection (1) may be made before or after the commencement of any hearing, and is, where practicable, to be made and dealt with in chambers.

      3. Nothing in subsection (1) applies in a criminal proceeding if it is necessary to disclose the particulars in the charge in order to ensure that the defendant is fully and fairly informed of the charge.