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Evidence Act 2006

Trial process - Alternative ways of giving evidence

102: General provisions are subject to provisions for specific situations

You could also call this:

"General rules can be overridden by special rules for specific situations"

Illustration for Evidence Act 2006

When you are in a trial, some rules apply to everyone. These general rules are subject to other rules that apply to specific situations. You can find these specific rules in sections like sections 103 to 106, which deal with alternative ways of giving evidence. You also have rules for specific situations, such as family violence complainants, which are covered in sections 106AA to 106B. There are rules for witnesses giving family violence evidence in Family Court proceedings, which are in sections 106BA to 106BC. Other rules apply to sexual case complainants or propensity witnesses, which are in sections 106C to 106J. More rules apply to intelligence officers and intelligence sources, which are in section 109A and 109B. You also have rules for child witnesses in criminal proceedings, which are in sections 107AA to 107B. There are rules for undercover Police officers, which are in section 108 and 109, and for anonymous witnesses, which are in sections 110 to 118.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393934.

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Part 3Trial process
Alternative ways of giving evidence

102General provisions are subject to provisions for specific situations

  1. Sections 103 to 106 (which provide for alternative ways of giving evidence) are subject to the following provisions (which deal with specific situations):

  2. sections 106AA to 106B (which relate to family violence complainants):
    1. sections 106BA to 106BC (which relate to witnesses giving family violence evidence in Family Court proceedings):
      1. sections 106C to 106J (which relate to sexual case complainants or propensity witnesses):
        1. sections 109A and 109B (which relate to intelligence officers and intelligence sources):
          1. sections 107AA to 107B (which relate to child witnesses in criminal proceedings):
            1. sections 108 and 109 (which relate to undercover Police officers):
              1. sections 110 to 118 (which relate to anonymous witnesses).

                Notes
                • Section 102: replaced, on , by section 12 of the Sexual Violence Legislation Act 2021 (2021 No 60).
                • Section 102(aa): inserted, on , by section 5 of the Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 (2025 No 44).
                • Section 102(ba): inserted, on , by section 94 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).