Evidence Act 2006

Miscellaneous - Regulations

201: Regulations

You could also call this:

"Rules made by the Governor-General about giving evidence in court"

Illustration for Evidence Act 2006

The Governor-General can make regulations about how evidence is given in court. You might see regulations about video recording evidence, and how that video is used. The Governor-General can also make regulations about things like approving interviewers for child complainants, and regulating the way evidence is given in alternative ways, as well as providing for the consent of persons to be video recorded, and specifying who may give consent on behalf of children who are to be video recorded.

The Governor-General can make regulations about the safe custody of video records, and how they are viewed by defendants, their lawyers, and expert witnesses. Regulations can also be made about the preparation of transcripts of video records, and their safe custody. You can find more information about what regulations are, and how they are published, in Part 3 of the Legislation Act 2019.

Regulations can cover many areas, including the translation of documents into English or Māori, and the provision of communication assistance to defendants and witnesses. The Governor-General can also make regulations about the determination of fees and expenses for professional services provided by counsel appointed under section 115, and the form of warnings or information that can be given by a Judge in relation to evidence given by children under the age of 6 years in a proceeding tried by a jury, as well as the form of certificate by which an interviewer is to formally identify a video record, and the uses to which any video records may be put.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM394532.


Previous

200: Rules and regulations, or

"Guidelines for following the Evidence Act when giving evidence from overseas"


Next

201A: Regulations made under section 201(1)(a) may authorise Judge to make order restricting attendance by, or excluding, members of media at making, before trial, of video record of sexual case complainant’s or propensity witness’s evidence, or

"A Judge can stop media from attending a video recording of a sexual case witness."

Part 5Miscellaneous
Regulations

201Regulations

  1. The Governor-General may, by Order in Council, make regulations—

  2. prescribing the procedure to be followed (see also section 201A), the type of equipment to be used, and the arrangements to be made where a person’s evidence is to be video recorded:
    1. providing for the approval of interviewers, or classes of interviewers, for child complainants, and providing for such approvals to be proved by production of certificates in the prescribed form:
      1. regulating the way in which evidence of a witness may be given in an alternative way:
        1. prescribing the form of certificate by which an interviewer is to formally identify a video record:
          1. regulating the video recording of evidence:
            1. providing for the consent of persons to be video recorded and specifying who may give consent on behalf of children who are to be video recorded:
              1. prescribing the uses to which any video records may be put and prohibiting their use for other purposes:
                1. prescribing the ways in which video records may be dealt with, including access to or the disclosure or sharing of video records, or the custody or return of video records, or prohibiting or restricting their copying:
                  1. providing for the safe custody of video records intended to be offered as evidence:
                    1. prescribing requirements for viewing video records of evidence by defendants, their lawyers, and expert witnesses, including where and when viewing can take place:
                      1. providing for the preparation of transcripts of video records and for their uses and safe custody:
                        1. regulating the destruction of video records or of transcripts of video records (including the destruction of copies or summaries of, or of extracts or parts of, video records or transcripts of video records):
                            1. regulating the provision of communication assistance to defendants and witnesses:
                              1. providing for requirements, in addition to those set out in section 45(3), for formal procedures that are held to obtain visual identification evidence:
                                1. providing for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by counsel appointed under section 115:
                                  1. regulating the form of warnings or information that can be given by a Judge in relation to evidence given by children under the age of 6 years in a proceeding tried by a jury:
                                    1. regulating the translation of documents into English or Māori:
                                      1. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
                                        1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                        Notes
                                        • Section 201(1)(a): amended, on , by section 22(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                                        • Section 201(1)(ga): inserted, on , by section 36(1) of the Evidence Amendment Act 2016 (2016 No 44).
                                        • Section 201(1)(ga): amended, on , by section 22(2) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                                        • Section 201(1)(ha): inserted, on , by section 36(2) of the Evidence Amendment Act 2016 (2016 No 44).
                                        • Section 201(1)(ia): inserted, on , by section 36(3) of the Evidence Amendment Act 2016 (2016 No 44).
                                        • Section 201(1)(ia): amended, on , by section 22(3) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                                        • Section 201(1)(ib): repealed, on , by section 22(4) of the Sexual Violence Legislation Act 2021 (2021 No 60).
                                        • Section 201(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).