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Evidence Act 2006

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

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

You could also call this:

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

Illustration for Evidence Act 2006

If you are a complainant or a witness in a sexual case, and a video of your evidence was supposed to be shown in court, but it is not used, you can still give your evidence by video. You can make a new video before the trial where you give both your main evidence and answer questions from the other side. The way this new video is made and used must follow the rules set out in sections 106D to 106I and any other rules made under the Act that apply to videos made in this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS805386.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim support
Previous

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

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

Next

106J: Making of video record of sexual case complainant’s or propensity witness’s evidence given at trial and not given by video record made before trial, or

"Recording a witness's evidence on video in a sexual case at trial"

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

106IAProcedure if video record evidence under section 106 not offered, or not admitted, as evidence in chief

  1. This section applies if,—

  2. a prosecutor gives a notice under section 106D(3) stating that a sexual case complainant or propensity witness is to give all of their evidence by a video record made before trial; and
    1. for any reason, video record evidence under section 106 is not offered as an alternative way of the complainant or witness giving, or is not admitted as, evidence in chief (for example, because the record is of poor quality, or it contains inadmissible, or other non-complying, material).

      1. The complainant or witness may give both their evidence in chief and their cross-examination evidence by a video record made before the trial.

      2. The making and use of that video record must comply with—

      3. the process, and requirements, specified in sections 106D to 106I for a sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial (and that process, and those requirements, apply with any necessary modifications); and
        1. the process, and requirements, specified in regulations made under this Act that apply to a video record made under this section.

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