106DGiving of evidence by sexual case complainants or propensity witnesses

1. A sexual case complainant or propensity witness is entitled to give evidence in 1 or more alternative ways so that—

2. the complainant or witness gives evidence in 1 or more of the following ways:
   1. by a video record made before the trial:
   2. while in the courtroom but unable to see the defendant or some other specified person:
   3. from an appropriate place outside the courtroom, either in New Zealand or elsewhere:
3. by use of any appropriate practical and technical means the Judge, the jury (if any), and any lawyers can see and hear the complainant or witness giving evidence, in accordance with any regulations made under section 201:
4. the defendant can see and hear the complainant or witness, unless the Judge directs otherwise.

5. A sexual case complainant or propensity witness who gives evidence of any kind in one way is entitled to give the other parts of their evidence, including any further evidence in chief, in 1 or more other ways.

6. A prosecutor intending to call a sexual case complainant or propensity witness must provide every other party and the court with a written notice stating—

7. the 1 or more ways in which the complainant or witness will give their evidence (which may, unless the complainant or witness is a child, be or include the ordinary way); and
8. if the complainant’s or witness’s cross-examination evidence (as defined in subsection (7)) is to be given by a video record made before the trial, any 1 or more other alternative ways in which their evidence is to be given during the recording.

9. However, no notice is required under subsection (3) if—

10. the complainant or witness is a child who indicates their wish to give evidence or any part of their evidence in the ordinary way under section 83; and
11. the prosecutor applies under section 106E to a Judge for a direction that the complainant or witness be permitted to do so.

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

13. if the notice states that the complainant or witness will give all or any of their cross-examination evidence (as defined in subsection (7)) by a video record made before the trial, as early as practicable; and
14. in every case, 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.

15. If a prosecutor has given notice under subsection (3) and it is no longer possible or desirable for the complainant or witness to give evidence by the means stated in the notice, the prosecutor may file an amended notice but must do so as early as practicable.

16. In this section and sections 106G to 106IA, cross-examination evidence, for a complainant or witness, includes the following evidence (if any) that they give with their evidence given in cross-examination:

17. evidence in chief given by them further to their evidence recorded and offered under section 106:
18. evidence in re-examination given by them about matters arising out of their evidence given in cross-examination.

19. This section is subject to sections 106E to 106I.