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Evidence Act 2006

Trial process - Questioning of witnesses

88: Restriction on disclosure of complainant’s occupation in sexual cases

You could also call this:

"People can't talk about a complainant's job in a sexual case unless a Judge says it's okay."

Illustration for Evidence Act 2006

In a sexual case, you are not allowed to ask the complainant or any other witness about their job, or give evidence about it, unless the Judge says you can. You are also not allowed to make any comments about the complainant's job in court. The Judge will only let you ask about the complainant's job if it is really important to the case and not talking about it would not be fair. If someone wants to ask about the complainant's job, they can ask the Judge for permission before or after the trial starts, and this is usually done in a private meeting with the Judge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393919.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal lawCrime and justice > Victim support
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87: Privacy as to witness’s precise address, or

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

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89: Leading questions in examination in chief and re-examination, or

"Asking witnesses questions that suggest an answer in court"

Part 3Trial process
Questioning of witnesses

88Restriction on disclosure of complainant’s occupation in sexual cases

  1. In a sexual case, except with the permission of the Judge,—

  2. no question may be put to the complainant or any other witness, and no evidence may be given, concerning the complainant’s occupation; and
    1. no statement or remark may be made in court by a witness, lawyer, officer of the court, or any other person involved in the proceeding concerning the complainant’s occupation.

      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.