Evidence Act 2006

Trial process - Alternative ways of giving evidence - Giving of evidence by anonymous witnesses

111: Effect of pre-trial witness anonymity order

You could also call this:

"What happens when a judge decides a witness can stay secret before a trial"

Illustration for Evidence Act 2006

If a judge makes a pre-trial witness anonymity order under section 110, you need to know what this means. The party who asked for the order must tell the Judge the witness's name, address, and job. When a witness is allowed to stay anonymous, their details are kept secret, as stated in the Criminal Procedure Act 2011. During the trial, nobody is allowed to share the witness's name, address, or job, and nobody can ask questions that might reveal who the witness is, unless the Judge says it is okay.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393948.


Previous

110: Pre-trial witness anonymity order, or

"A court order to keep a witness's identity secret before a trial to keep them safe."


Next

112: Witness anonymity order for purpose of High Court trial, or

"A judge can keep a witness's identity secret in a High Court trial to keep them safe."

Part 3Trial process
Alternative ways of giving evidence: Giving of evidence by anonymous witnesses

111Effect of pre-trial witness anonymity order

  1. If a pre-trial witness anonymity order is made under section 110,—

  2. the party who applied for the order must give the Judge the name, address, and occupation of the witness; and
    1. no formal statement filed under the Criminal Procedure Act 2011 may disclose the name, address, or occupation of the witness, or any other particulars likely to lead to the witness's identification; and
      1. during the giving of oral evidence before the trial,—
        1. no lawyer, officer of the court, or other person involved in that process may disclose the name, address, or occupation of the witness, or any other particular likely to lead to the witness's identification; and
          1. no oral evidence may be given, and no question put to any witness, if the evidence or question relates to the name, address, or occupation of the witness who is subject to the order; and
            1. except with the leave of the Judge, no oral evidence may be given, and no question put to any witness, if the evidence or question relates to any other particulars likely to lead to the identification of the witness who is subject to the order; and
            2. no person may publish, in any report or account relating to the proceeding, the name, address, or occupation of the witness, or any other particulars likely to lead to the witness’s identification.
              Compare
              Notes
              • Section 111(b): replaced, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).
              • Section 111(c): replaced, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).