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Evidence Act 2006

Trial process - Alternative ways of giving evidence - Offences and requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings

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

You could also call this:

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

Illustration for Evidence Act 2006

Before a Judge or judicial officer decides to share a video record or give a direction to share it, they must think about some things. You need to consider how relevant the video record is to the case they are dealing with. They also think about how much harm it could cause the person who gave evidence in the video record if it is shared. The Judge or judicial officer looks at what kind of case the video record is being used for and if there are other ways to get the evidence. They consider if it is in the public's interest to keep the witness's privacy safe. The Judge or judicial officer can also think about any other matters they believe are important, as stated in section 119A(2)(b) and (4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7089114.

Topics:
Crime and justice > Courts and legal help
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Part 3Trial process
Alternative ways of giving evidence: Offences and requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings

119BMatters Judge or judicial officer must consider before ordering disclosure of video record or giving direction for disclosure

  1. The matters that a Judge or judicial officer must consider for the purposes of section 119A(2)(b) and (4) are—

  2. the extent to which the video record is relevant to the proceedings before them; and
    1. the likely extent of harm to the witness whose evidence is contained in the video record from disclosure of that record; and
      1. the nature of the criminal proceedings for which the video record may be or has been offered as evidence; and
        1. the availability of other means of obtaining the evidence; and
          1. the public interest in protecting the privacy of witnesses; and
            1. any other matter that the Judge or judicial officer considers relevant.

              Notes
              • Section 119B: inserted, on , by section 34 of the Evidence Amendment Act 2016 (2016 No 44).