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Evidence Act 2006

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

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

You could also call this:

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

Illustration for Evidence Act 2006

If you are a party in a court case and a child is going to be a witness, you can ask a Judge to let the child give evidence in a normal way or in a different way. You can ask the Judge to do this even if the usual rules say the child should give evidence in a special way, as outlined in section 107. You need to make this request as soon as possible before the trial starts, or at a later time if the Judge says it is okay.

When you make this request, the Judge will listen to what you and the other parties have to say in a private meeting. The Judge might also ask for a report from someone who can advise on how giving evidence will affect the child.

The Judge will think about whether it is fair and just to let the child give evidence in a normal or different way, and will consider things like whether it is best for the child and for the case. The Judge will look at things like what is outlined in section 107 and section 103(3) and (4) when making this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7088603.

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

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

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

107BApplication by any other party for child witness to give evidence in ordinary way or different alternative way

  1. Despite section 107, if a party is calling a child witness to give evidence, any other party may apply to a Judge for a direction that the witness give evidence or any part of his or her evidence in the ordinary way under section 83 or in a different alternative way under section 107.

  2. An application for a direction under subsection (1) must be made as early as practicable before the case is to be tried, or at a later time permitted by a Judge.

  3. Before giving a direction under this section, the Judge—

  4. must give each party an opportunity to be heard in chambers; and
    1. 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.

      1. When considering whether to give a direction under this section, the Judge must have regard to—

      2. whether the interests of justice require a departure from the usual procedure under section 107 in the particular case; and
        1. the matters in section 103(3) and (4).

          Notes
          • Section 107B: inserted, on , by section 31 of the Evidence Amendment Act 2016 (2016 No 44).