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Evidence Act 2006

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

115: Judge may appoint independent counsel to assist

You could also call this:

"A judge can appoint a helper to give advice on secret witnesses."

Illustration for Evidence Act 2006

When a judge is thinking about letting a witness stay anonymous, they can choose someone to help them make a decision. This person is called an independent counsel. The judge can ask the independent counsel to look into certain matters, like the ones mentioned in section 112, and report back to the judge.

The person who asked for the witness to be anonymous must give the independent counsel all the information they have about the case.

If the judge chooses an independent counsel, they will have to pay for their services. The amount they pay will be decided according to rules made under section 201, and the money will come from a special fund set up by Parliament.

The independent counsel will send their bill to the court, and the court will decide if it is fair. If the independent counsel does not agree with the court's decision, they can ask a judge to review it. The judge can then make a new decision that they think is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393952.

Topics:
Crime and justice > Courts and legal help
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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"

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116: Judge may make orders and give directions to preserve anonymity of witness, or

"A Judge can keep a witness's identity secret to keep them safe during a court case."

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

115Judge may appoint independent counsel to assist

  1. For the purposes of considering an application for a witness anonymity order under section 112, the Judge may appoint an independent counsel to assist the Judge and, without limiting the directions the Judge may give, the Judge may direct the independent counsel to—

  2. inquire into the matters referred to in section 112(4)(a) and (b) and any other matters the Judge thinks relevant; and
    1. report the counsel’s findings to the Judge.

      1. The party who applied for the witness anonymity order must make available to the independent counsel all information relating to the proceeding that is in the party’s possession.

      2. Fees for professional services provided by counsel appointed under this section, and reasonable expenses incurred,—

      3. may be determined in accordance with regulations made under section 201; and
        1. are payable from money appropriated by Parliament for the purpose.

          1. The bill of costs submitted by a counsel appointed under this section must be given to the Registrar of the High Court in which the proceeding was heard, and the Registrar may tax the bill of costs.

          2. If the counsel is dissatisfied with the decision of the Registrar as to the amount of the bill, the counsel may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision, and the Judge may make any order varying or confirming the decision that the Judge considers fair and reasonable.

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