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Evidence Act 2006

Trial process - Alternative ways of giving evidence - Giving of family violence evidence by witnesses in Family Court proceedings

106BB: Giving family violence evidence in Family Court proceedings

You could also call this:

"Telling the court about family violence in a safe way"

Illustration for Evidence Act 2006

You can give evidence in a Family Court case in different ways if you are talking about family violence. You might give evidence in the courtroom but not be able to see some people, or you might give evidence from outside the courtroom. You can use technology like video links to give evidence, as long as the Judge and lawyers can see and hear you, following rules made under section 201. You can give some of your evidence one way and the rest another way. If you are going to be a witness in a Family Court case and talk about family violence, the person calling you as a witness must tell the court and other parties how you will give your evidence. They must give the court and other parties notice of how you will give evidence as early as possible, and no later than 28 days before the hearing. If it is no longer possible for you to give evidence in the way that was planned, the person calling you as a witness can change the notice, but they must do it as soon as possible. The Judge can allow changes to be made if they think it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1576566.

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106BA: Sections 106BB and 106BC apply to witnesses giving family violence evidence in Family Court proceedings, or

"Rules for witnesses talking about family violence in Family Court"

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106BC: Direction that family violence evidence be given in ordinary way or different alternative way, or

"The judge decides how you give evidence in a Family Court case."

Part 3Trial process
Alternative ways of giving evidence: Giving of family violence evidence by witnesses in Family Court proceedings

106BBGiving family violence evidence in Family Court proceedings

  1. A witness in a Family Court proceeding who is to give or is giving family violence evidence is entitled to give evidence in 1 or more alternative ways so that—

  2. the witness gives evidence in either or both of the following ways:
    1. while in the courtroom but unable to see 1 or more other persons to whom the evidence relates (for example, another witness, a party or another party to the proceeding, or both):
      1. from an appropriate place outside the courtroom, either in New Zealand or elsewhere:
      2. by use of any appropriate practical and technical means the Judge and any lawyers can see and hear the witness giving evidence, in accordance with any regulations made under section 201:
        1. the parties can see and hear the witness, unless the Judge directs otherwise.

          1. A witness who gives evidence of any kind in one way is entitled to give the other parts of their evidence in 1 or more other ways.

          2. Any party intending to call a witness in a Family Court proceeding who will give family violence evidence must provide every other party and the court with a written notice stating the 1 or more ways in which the witness will give their evidence (which may be or include the ordinary way).

          3. Unless a Judge permits otherwise, the notice required under subsection (3) must be given—

          4. as early as practicable; and
            1. in any event, no later than 28 days before the hearing.

              1. If a party has given notice under subsection (3) and it is no longer possible or desirable for the witness to give evidence by the means stated in the notice, the party—

              2. may file an amended notice; but
                1. must do so as early as practicable.

                  Notes
                  • Section 106BB: inserted, on , by section 6 of the Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 (2025 No 44).