Evidence Act 2006

Trial process - Alternative ways of giving evidence - General

105: Alternative ways of giving evidence

You could also call this:

"Ways you can give evidence in court without being there in person"

A Judge can decide that you give evidence in a different way. This is so that you can give evidence without seeing the defendant or someone else, or from outside the courtroom in New Zealand or another country. You can also give evidence by a video recorded before the court case.

The Judge can use technology to help you give evidence, like video, so that the Judge, jury, and lawyers can see and hear you. In a criminal case, the defendant can see and hear you, unless the Judge says otherwise. If there's an order to keep your identity secret, the Judge will make sure that order is followed.

If a video of your evidence is shown in court, the Judge will give directions on how questions will be asked. The Judge can still accept your evidence even if not all the rules are followed exactly, as long as you gave it in a way that was mostly correct, under section 103.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393938.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Victim support

104: Chambers hearing before directions for alternative ways of giving evidence, or

"Talking to a Judge in private before deciding how someone gives evidence in court"

106: Video record evidence, or

"Using videos as evidence in court"

Part 3Trial process
Alternative ways of giving evidence: General

105Alternative ways of giving evidence

A Judge may direct, under section 103, that the evidence of a witness is to be given in an alternative way so that—
the witness gives evidence—
1. while in the courtroom but unable to see the defendant or some other specified person; or
2. from an appropriate place outside the courtroom, either in New Zealand or elsewhere; or
3. by a video record made before the hearing of the proceeding:
any appropriate practical and technical means may be used to enable the Judge, the jury (if any), and any lawyers to see and hear the witness giving evidence, in accordance with any regulations made under section 201:
in a criminal proceeding, the defendant is able to see and hear the witness, except where the Judge directs otherwise:
in a proceeding in which a witness anonymity order has been made, effect is given to the terms of that order.

If a video record of the witness’s evidence is to be shown at the hearing of the proceeding, the Judge must give directions under section 103 as to the manner in which cross-examination and re-examination of the witness is to be conducted.
The Judge may admit evidence that is given substantially in accordance with the terms of a direction under section 103, despite a failure to observe strictly all of those terms.