Evidence Act 2006

Trial process - Alternative ways of giving evidence - Signature of statements by assumed name

120: Persons who may sign statements by assumed name or anonymously

You could also call this:

"Who can use a fake name or stay secret when signing a statement as evidence?"

When you give a written statement as evidence, you usually sign your real name. But there are some exceptions. If you are an undercover Police officer, you can sign your statement with the name you used during the investigation. If you are an intelligence officer or source, you can sign your statement with a special name you have been given, or you can use the term "witness" followed by an initial or a mark, as explained in subpart 1 of Part 3 of the Intelligence and Security Act 2017. You can also do this if you are a witness who needs to stay anonymous, as outlined in section 112 or section 110. This rule is more important than any other rules that might say something different.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393958.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safety

119B: Matters Judge or judicial officer must consider before ordering disclosure of video record or giving direction for disclosure, or

"What a Judge must think about before sharing a video of someone's evidence"

121: Corroboration, or

"When is other evidence needed to back up the main evidence in a court case?"

Part 3Trial process
Alternative ways of giving evidence: Signature of statements by assumed name

120Persons who may sign statements by assumed name or anonymously

A deposition or other written statement of evidence given by an undercover Police officer may be given and signed in the name by which the officer was known during the relevant investigation.
A deposition or other written statement of evidence given by an intelligence officer or intelligence source (within the meaning of section 109A) may be given and signed,—
in the case of an intelligence officer who has acquired an assumed name under subpart 1 of Part 3 of the Intelligence and Security Act 2017, in that name; or
in any other case, using the term “witness” followed by an initial or a mark.

A deposition or other written statement given by a witness who is the subject of an application for an anonymity order made under section 112, or who is the subject of an anonymity order made under section 110 or 112, may be given and signed by the witness using the term witness followed by an initial or mark.
This section overrides any contrary provision in this Act or any other enactment.

Compare

1957 No 87 s 178A

Notes

Section 120 heading: amended, on 28 November 2023, by section 96(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
Section 120(1A): inserted, on 28 November 2023, by section 96(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).