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Evidence Act 2006

Trial process - Questioning of witnesses

92: Cross-examination duties

You could also call this:

"Asking witnesses questions to check if they are telling the truth"

Illustration for Evidence Act 2006

When you are in a court case, you must ask a witness questions about important things that they said, if those things are not true. You should ask them about these things if they know about them and can give evidence that the court will accept. If you do not ask the witness these questions, the Judge can make some decisions. The Judge can let the other side ask the witness more questions, or let them give evidence even though the witness did not explain it, or not let them give that evidence, or make any other decision that the Judge thinks is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393923.

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Crime and justice > Courts and legal help
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93: Limits on cross-examination, or

"Rules for questioning your own witnesses in court"

Part 3Trial process
Questioning of witnesses

92Cross-examination duties

  1. In any proceeding, a party must cross-examine a witness on significant matters that are relevant and in issue and that contradict the evidence of the witness, if the witness could reasonably be expected to be in a position to give admissible evidence on those matters.

  2. If a party fails to comply with this section, the Judge may—

  3. grant permission for the witness to be recalled and questioned about the contradictory evidence; or
    1. admit the contradictory evidence on the basis that the weight to be given to it may be affected by the fact that the witness, who may have been able to explain the contradiction, was not questioned about the evidence; or
      1. exclude the contradictory evidence; or
        1. make any other order that the Judge considers just.