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Evidence Act 2006

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

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

You could also call this:

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

Illustration for Evidence Act 2006

If you are a witness in a sexual case, a video record of your evidence must be made at the trial. This video is made if you did not already give your evidence by video before the trial. You can use this video to give evidence in another way, like in a retrial.

The video record can be used in a sexual case under section 106D(1)(a)(i), or in other proceedings. The rules in section 106 also apply to the video record, with some changes.

This rule does not stop a video record of your evidence from being used as a formal statement under the Criminal Procedure Act 2011, or from being used in other ways under that Act. You can still give oral evidence by video under that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS805387.

Topics:
Crime and justice > Courts and legal help
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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"

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"Special rules help keep child witnesses safe in court, like you if you're giving evidence."

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

106JMaking 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

  1. A video record must be made, in accordance with any applicable regulations made under section 201, of evidence (of any kind)—

  2. given at trial by a sexual case complainant or propensity witness; and
    1. not given by video record made before trial.

      1. That video record may be used by the complainant or witness to give evidence in an alternative way under this Act (for example, in or for a retrial)—

      2. in a sexual case, and under section 106D(1)(a)(i); or
        1. in any other proceeding, and under any other provisions of this subpart.

          1. Section 106 (except section 106(4A) to (4C)) applies, with any necessary modifications, to the video record.

          2. This section does not limit or affect a video record of a witness’s evidence being filed as a formal statement under the Criminal Procedure Act 2011, or section 99 (Oral evidence must be recorded) of that Act, or a witness giving oral evidence by way of a video record in accordance with an oral evidence order made under that Act.

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