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Evidence Act 2006

Trial process - Alternative ways of giving evidence - Offences and requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings

119: Offences

You could also call this:

"Breaking the law about evidence can lead to fines or prison time"

Illustration for Evidence Act 2006

If you have a video record that you are not supposed to have, you can get in trouble. You might have to pay a fine if you are an individual, or your company might have to pay a fine if you are a body corporate. The fine can be up to $2,000 for an individual or up to $10,000 for a body corporate.

If you have a video record of a child or a witness in a sexual or violent case, and you intend to copy, supply, or show it without permission, you can get in trouble. You might have to go to prison for up to 6 months if you are an individual, or your company might have to pay a fine of up to $10,000. The same thing can happen if you actually copy, supply, or show the video record without permission.

If you know about a special order to keep a witness's identity secret, and you break that order on purpose, you can get in trouble. You might have to go to prison for up to 7 years. This can happen if you break the order made under section 110 or section 112.

If you break the rules in section 111(b) or (d) or section 113(c) or (e) without it being a more serious offence, you can still get in trouble. You might have to pay a fine of up to $2,000 if you are an individual, or your company might have to pay a fine of up to $10,000.

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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=DLM393956.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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118: Witness in Police witness protection programme, or

"Protecting witnesses in court with secret identities"

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119A: Requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings, or

"Rules for sharing police video recordings in non-criminal court cases"

Part 3Trial process
Alternative ways of giving evidence: Offences and requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings

119Offences

  1. A person who is in possession of, or who deals with, a video record (whether a video record made under section 106, or a video record made before or at the hearing or the trial under any of sections 106AA to 106J), other than as permitted by legislation or court order, commits an offence and is liable on conviction,—

  2. if the person is an individual, to a fine not exceeding $2,000:
    1. if the person is a body corporate, to a fine not exceeding $10,000.

      1. The offences in subsections (1AB) and (1AC) apply to a video record (whether a video record made under section 106, or a video record made before or at the hearing or the trial under any of sections 106AA to 106J) of—

      2. any child complainant; or
        1. any witness (including an adult complainant) in a sexual case or a violent case.

          1. A person who is in possession of a video record of a type specified in subsection (1ABA), with the intention of copying, supplying, or showing the video record, other than as permitted by legislation or court order, commits an offence and is liable on conviction,—

          2. if the person is an individual, to a term of imprisonment not exceeding 6 months:
            1. if the person is a body corporate, to a fine not exceeding $10,000.

              1. A person who copies, supplies, or shows a video record of a type specified in subsection (1ABA), other than as permitted by legislation or court order, commits an offence and is liable on conviction,—

              2. if the person is an individual, to a term of imprisonment not exceeding 6 months:
                1. if the person is a body corporate, to a fine not exceeding $10,000.

                  1. A person commits an offence and is liable on conviction to a term of imprisonment not exceeding 7 years who, with knowledge of a pre-trial witness anonymity order made under section 110, intentionally contravenes section 111(b) or (d).

                  2. A person commits an offence and is liable on conviction to a term of imprisonment not exceeding 7 years who, with knowledge of a witness anonymity order made under section 112, intentionally contravenes section 113(c) or (e).

                  3. If a person contravenes section 111(b) or (d) or 113(c) or (e), and that contravention does not constitute an offence against subsection (1) or (2), the person commits an offence and is liable on conviction,—

                  4. in the case of an individual, to a fine not exceeding $2,000:
                    1. in the case of a body corporate, to a fine not exceeding $10,000.

                      1. Nothing in this section limits the power of any court to punish any contempt of court.

                      Compare
                      Notes
                      • Section 119(1AA) heading: inserted, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1AA): replaced, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1ABA) heading: inserted, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1ABA): inserted, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1AB) heading: inserted, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1AB): replaced, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1AC) heading: inserted, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1AC): replaced, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1) heading: inserted, on , by section 19(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                      • Section 119(1): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).
                      • Section 119(2): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).
                      • Section 119(3): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).
                      • Section 119(4) heading: inserted, on , by section 19(2) of the Sexual Violence Legislation Act 2021 (2021 No 60).