Evidence Act 2006

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

107A: Application by party calling child witness for witness to give evidence in ordinary way

You could also call this:

"A child witness can ask to give evidence in court like other witnesses, not in a special way."

If you are a child witness, you can tell the court you want to give evidence in the ordinary way. This means you can answer questions in court like other witnesses, instead of using a special way. You need to tell the court you want to do this, and the person calling you as a witness can ask a Judge if this is okay.

The person calling you as a witness must ask the Judge before the trial starts, when they file some paperwork under the Criminal Procedure Act 2011. The Judge will decide if you can give evidence in the ordinary way, and they might ask for a report from someone who can advise them on what is best for you. The Judge wants to make sure you understand what will happen if you give evidence in the ordinary way.

When the Judge is making their decision, they think about what is fair and just, and what is best for you. They also consider if giving evidence in the ordinary way is better for you than using a special way, as described in section 107 and section 103(3) and (4). The Judge's main goal is to make sure you are comfortable and safe while giving evidence.

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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=DLM7088602.

Topics:

Crime and justice > Courts and legal help

107: Alternative ways of giving evidence by child witnesses in criminal proceedings, or

"How kids can give evidence in court in special ways"

107B: Application by any other party for child witness to give evidence in ordinary way or different alternative way, or

"Asking a Judge to let a child witness give evidence in a way that's best for them"

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

107AApplication by party calling child witness for witness to give evidence in ordinary way

Despite section 107, if a child witness indicates his or her wish to give evidence or any part of his or her evidence in the ordinary way under section 83, the party calling the witness may apply to a Judge for a direction that the witness be permitted to do so.
Unless a Judge permits otherwise, an application under subsection (1) must be made no later than when a case management memorandum (for a judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.
The Judge—
may direct that the witness give evidence or any part of his or her evidence in the ordinary way, if satisfied that the witness fully appreciates the likely effect on him or her of doing so; and
before giving a direction, may call for and receive a report, from any person considered by the Judge to be qualified to advise, on the effect on the witness of giving evidence in the ordinary way or any alternative way.

When considering whether to give a direction under this section, the Judge must have regard to—
whether the interests of justice require a departure from the usual procedure under section 107 in the particular case; and
the matters in section 103(3) and (4).

Notes

Section 107A: inserted, on 8 January 2017, by section 31 of the Evidence Amendment Act 2016 (2016 No 44).