Evidence Act 2006

Trial process - Alternative ways of giving evidence - Giving of evidence by sexual case complainants or propensity witnesses

106F: Application by any other party for sexual case complainant or propensity witness to give evidence in ordinary way or different alternative way

You could also call this:

"Asking a Judge to change how a witness gives evidence in a sexual case"

If you are a party in a court case, you can ask a Judge to change how a sexual case complainant or propensity witness gives their evidence. You can ask for them to give evidence in the usual way, as stated in section 83, or in a different alternative way, as stated in section 106D. You need to make this request as early as possible before the trial.

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 in different ways could affect the complainant or witness. The Judge will think about what is best for the case and consider things like whether the usual procedure is fair.

The Judge will also consider if the interests of justice require a change from the usual procedure, as stated in section 106D(3). They will look at the matters in section 103(3) and (4) to help make their decision. You should know that the Judge's decision will be based on what is best for the case.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS805382.

Topics:

Crime and justice > Courts and legal help

106E: Application by prosecutor for sexual case complainant or propensity witness who is child to give evidence in ordinary way, or

"A child witness in a sexual case can ask to tell their story in court in the usual way."

106G: Direction that sexual case complainant’s or propensity witness’s cross-examination evidence not be given by video record made before trial, or

"The Judge can stop a witness in a sexual case from giving evidence by video before the trial if it's not fair."

Part 3Trial process
Alternative ways of giving evidence: Giving of evidence by sexual case complainants or propensity witnesses

106FApplication by any other party for sexual case complainant or propensity witness to give evidence in ordinary way or different alternative way

Despite section 106D, if a notice given under section 106D(3) states that a sexual case complainant or propensity witness is to give all or any part of their evidence in an alternative way, any other party may apply to a Judge for a direction that the complainant or witness give evidence or that part of their evidence in the ordinary way under section 83, or in a different alternative way under section 106D.
An application for a direction under subsection (1) must be made as early as practicable before the trial, or at a later time permitted by a Judge.
Before giving a direction under this section, the Judge—
must give each party an opportunity to be heard in chambers; and
may call for and receive a report, from any person considered by the Judge to be qualified to advise, on the effect on the complainant or witness of giving evidence in the ordinary way or any alternative way.

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

Notes

Section 106F: inserted, on 21 December 2022, by section 16 of the Sexual Violence Legislation Act 2021 (2021 No 60).