Plain language law

New Zealand law explained for everyone

Senior Courts Act 2016

High Court - Miscellaneous matters

42: Failure of witness to attend

You could also call this:

"What happens if a witness doesn't show up to court"

Illustration for Senior Courts Act 2016

You can be arrested and taken to the High Court if you are supposed to give evidence, have been asked to come to court, but do not show up. The court can fine you up to $1,000 if you do not have a good reason for not attending. You must prove that you have a reasonable excuse for not attending the court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759352.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

41: Witness not required to attend hearing of civil proceeding unless allowances and expenses paid, or

"You don't have to go to court unless you get paid for your time and travel."

Next

43: Refusal to give evidence, or

"What happens if you refuse to tell the truth in court without a good reason?"

Part 2High Court
Miscellaneous matters

42Failure of witness to attend

  1. The High Court may, in civil proceedings, issue a warrant to arrest and bring before the court a witness who—

  2. is compellable to attend the court to give evidence; and
    1. has been summoned to attend the court to give evidence; and
      1. fails to attend the court.

        1. The High Court may impose a fine not exceeding $1,000 on a witness brought before the court under subsection (1) who does not have a reasonable excuse for failing to attend the court.

        2. The onus of proving a reasonable excuse is on the witness.

        Compare