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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

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

You could also call this:

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

Illustration for Evidence Act 2006

You are a witness in a Family Court case. A judge can decide how you give your evidence. The judge can say you give evidence in the ordinary way under section 83 or in a different alternative way under section 106BB. The judge makes this decision after hearing from you and other parties. You or another party can ask the judge to make this decision. The judge can also make this decision on their own. The judge must consider what is best for you and the case. They think about whether the usual procedure is best or if something different is needed. The judge looks at things like whether the usual procedure is fair and what is best for you. They also think about what section 103(3) and (4) says when making their 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=LMS1576603.

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106BB: Giving family violence evidence in Family Court proceedings, or

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

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

106BCDirection that family violence evidence be given in ordinary way or different alternative way

  1. Despite section 106BB, if a notice given under section 106BB(3) states that a witness is to give all or any part of their evidence in an alternative way, the Judge may give a direction that the witness give evidence or that part of their evidence—

  2. in the ordinary way under section 83; or
    1. in a different alternative way under section 106BB.

      1. A direction under subsection (1) may be made—

      2. on an application made by any other party; or
        1. on the Judge’s own initiative.

          1. An application for a direction under subsection (1) must be made—

          2. as early as practicable before the hearing; or
            1. at a later time permitted by a Judge.

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

              2. 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, in addition to any other matter that the Judge considers relevant, have regard to—

                  2. whether the interests of justice require a departure from the usual procedure under section 106BB(1) in the particular case; and
                    1. the matters in section 103(3) and (4).

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