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Evidence Act 2006

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

106I: Video record evidence: sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial

You could also call this:

"Giving evidence by video in a sexual case: what you need to know"

Illustration for Evidence Act 2006

If you are a witness in a sexual case, you might give evidence by video before the trial. This video must follow all the rules in the Evidence Act 2006 and other relevant laws. You can think of the Evidence Act 2006 as a set of rules that help keep people safe and fair when they are giving evidence in court. The video will be recorded and dealt with according to regulations.

When you give evidence by video, all parties involved in the case will get to see the recording, but they might have to follow some conditions set by the Judge. The Judge is like a referee who makes sure everyone follows the rules. You and the other parties will also get a chance to say whether you think the video evidence should be used in the trial.

The Judge can decide to remove some parts of the video if they are not relevant or if they should not be shown. This can include things like breaks during the recording or parts that both parties agree are not important. After the Judge makes edits to the video, it can only be changed again if new issues come up and it is fair to do so.

The Judge can still use the video as evidence even if not all the rules were followed exactly, as long as it was recorded and dealt with mostly according to the rules and regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS805385.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim support
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106H: Further cross-examination if all evidence of sexual case complainant or propensity witness has been or is to be given by video record made before trial, or

"Asking more questions of a witness in a sexual case who already gave evidence by video"

Next

106IA: Procedure if video record evidence under section 106 not offered, or not admitted, as evidence in chief, or

"What happens if a video of your evidence isn't used in a sexual case court hearing"

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

106IVideo record evidence: sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial

  1. A sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial must comply with all applicable enactments in or made under this Act and any other relevant Act (and those enactments apply with all necessary modifications) as if that evidence were being given at trial.

  2. A video record made before trial of the complainant’s or propensity witness’s cross-examination evidence must be recorded and dealt with in compliance with any regulations made under this Act.

  3. All parties must be given secure access to the recording, including a version edited under subsection (5), subject to compliance with any conditions the Judge directs, unless a Judge directs otherwise.

  4. All parties must be given the opportunity to make submissions about the admissibility of all or any part of the complainant’s or propensity witness’s cross-examination evidence that is given by a video record made before the trial.

  5. The Judge may, on an application for the purpose made by any party or on the Judge’s own initiative, order to be excised from a video record made before the trial of the complainant’s or propensity witness’s cross-examination evidence all or any of the following material:

  6. any material that, if the evidence were given in the ordinary way, would or could be excluded in accordance with this Act:
    1. procedural content that is irrelevant to the determination of the proceeding (for example, witness breaks):
      1. any other material that the parties agree is not to form part of the evidence.

        1. After edits to a video record are ordered under subsection (5), further edits to the video record may be made (on an application for the purpose made by any party or on the Judge’s own initiative) only if any new relevant issues have arisen and the interests of justice require the edited version to be revisited.

        2. The Judge may admit a video record made before the trial of evidence, and that is recorded and dealt with substantially in accordance with the terms of any direction under this subpart and the terms of regulations referred to in subsection (2), despite a failure to observe strictly all of those terms.

        Notes
        • Section 106I: inserted, on , by section 16 of the Sexual Violence Legislation Act 2021 (2021 No 60).