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Evidence Act 2006

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

113: Effect of witness anonymity under section 112

You could also call this:

"What happens when a witness's identity is kept secret in court"

Illustration for Evidence Act 2006

If a witness anonymity order is made under section 112, you need to know what happens next. The party who applied for the order must give the Judge some information about the witness, like their name, address, and occupation. The witness does not have to tell the court their name, address, or occupation.

During the trial, some information about the witness must be kept secret. This includes their name, address, and occupation, as well as any other details that might reveal who they are. Lawyers, court officers, and others involved in the trial are not allowed to share this information, except in special cases when the Judge says it is okay.

In court, people are not allowed to ask questions or give evidence that might reveal the witness's identity. This means they cannot talk about the witness's name, address, or occupation, or any other details that might give away who they are. You are also not allowed to publish any information about the witness that might reveal their identity in reports or accounts of the trial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393950.

Topics:
Crime and justice > Courts and legal help
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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."

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114: Trial to be held in High Court if witness anonymity order made, or

"Trial goes to High Court if a witness needs to stay secret"

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

113Effect of witness anonymity under section 112

  1. If a witness anonymity order is made under section 112,—

  2. the party who applied for the order must give the Judge the name, address, and occupation of the witness; and
    1. the witness may not be required to state in court his or her name, address, or occupation; and
      1. during the course of the trial no lawyer, officer of the court, or other person involved in the proceeding may disclose—
        1. the name, address, or occupation of the witness; or
          1. except with leave of the Judge, any other particulars likely to lead to the witness’s identification; and
          2. during the course of the trial—
            1. no oral evidence may be given, and no question may be 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 leave of the Judge, no oral evidence may be given, and no question may be 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 proceedings, the name, address, or occupation of the witness, or any other particulars likely to lead to the witness’s identification.

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