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Evidence Act 2006

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

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

You could also call this:

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

Illustration for Evidence Act 2006

If you are a witness in a court case, a Judge can make orders to keep your identity secret. The Judge can do this if they have already made an order under section 110 or section 112. The Judge can make orders such as clearing the court of members of the public, screening you from the defendant, or having you give evidence by closed-circuit television or video link.

When the Judge is deciding how you will give your evidence, they must think about keeping you safe and making sure the defendant has a fair hearing. The Judge has to balance these two things.

This rule does not limit other powers the court has, such as the power to deal with contempt of court under section 365 of the Criminal Procedure Act 2011, or the power to clear the court under section 197 of the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393953.

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115: Judge may appoint independent counsel to assist, or

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

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117: Variation or discharge of witness anonymity order during trial, or

"A judge can change or cancel a secret witness order during a trial."

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

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

  1. A Judge who makes an order under section 110 or 112 may, for the purposes of the giving of oral evidence in accordance with an oral evidence order or the trial (as the case may be), also make any orders and give any directions that the Judge considers necessary to preserve the anonymity of the witness, including (without limitation) 1 or more of the following directions:

  2. that the court be cleared of members of the public:
    1. that the witness be screened from the defendant:
      1. that the witness give evidence by closed-circuit television or by video link.

        1. In considering whether to give directions concerning the mode in which the witness is to give his or her evidence in accordance with an oral evidence order or at the trial, the Judge must have regard to the need to protect the witness while at the same time ensuring a fair hearing for the defendant.

        2. This section does not limit—

        3. section 365 of the Criminal Procedure Act 2011 (which confers power to deal with contempt of court); or
          1. section 197 of the Criminal Procedure Act 2011 (which confers power to clear the court); or
            1. any power of the court to direct that evidence be given, or to permit evidence to be given, by a particular mode.

              Compare
              Notes
              • Section 116(1): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).
              • Section 116(2): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).
              • Section 116(3)(a): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).
              • Section 116(3)(b): amended, on (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).