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, there are general rules that apply. However, these general rules are subject to other rules that apply to specific situations. You can find these specific situations in sections like sections 103 to 106, which are about alternative ways of giving evidence, and they must follow the rules in sections like sections 106AA to 106B for family violence cases, sections 106C to 106J for sexual cases, section 109A and 109B for intelligence officers, sections 107AA to 107B for child witnesses, section 108 and 109 for undercover Police officers, and sections 110 to 118 for anonymous witnesses. You need to consider these specific rules when applying the general rules. These specific rules override the general rules in certain situations.

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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 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(ba): inserted, on , by section 94 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).