Plain language law

New Zealand law explained for everyone

Evidence Act 2006

Evidence from overseas or to be used overseas - Evidence for use in overseas criminal proceedings

195: Protection of witnesses

You could also call this:

"Keeping witnesses safe from being forced to share secrets that could harm New Zealand"

If you are asked to give evidence under a certain order, you cannot be forced to give evidence that you would not have to give in a New Zealand criminal court. You also cannot be forced to give evidence if it would harm New Zealand's security, sovereignty, or economic interests. The Attorney-General can sign a certificate to confirm this, and their certificate is final proof.

When you are giving evidence, it means you are answering questions or producing documents. This is what is meant by "giving evidence" in this section of the law. You can find more information about this in section 192, which explains how evidence can be given.

If giving evidence would affect New Zealand's interests, the Attorney-General's certificate will confirm this. Their certificate is important because it helps decide what evidence you can or cannot give. You can look at related laws for more information about how evidence is handled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394518.

Topics:
Crime and justice > Courts and legal helpRights and equality > Privacy
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194: Evidence in support of application, or

"Information to back up your court application"

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196: Witnesses’ expenses, or

"Money for witnesses to cover travel and work costs"

Part 4Evidence from overseas or to be used overseas
Evidence for use in overseas criminal proceedings

195Protection of witnesses

  1. A person may not be compelled by an order under section 192 to give evidence that the person could not be compelled to give in criminal proceedings in New Zealand.

  2. A person may not be compelled by an order under section 192 to give any evidence if the giving of that evidence would infringe the jurisdiction of New Zealand or would otherwise be prejudicial to the security or sovereignty of New Zealand or would be likely to be prejudicial to the trading, commercial, or economic interests of New Zealand; and a certificate signed by the Attorney-General to the effect that it would be or, as the case requires, is likely to be so prejudicial for that person to do so is conclusive evidence of that fact.

  3. In this section, giving evidence includes—

  4. answering any question:
    1. producing any document.

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