160 Mode of giving evidence in proceedings before Commissioner


Subject to any regulations, in any proceeding under this Act before the Commissioner, the evidence must be given by affidavit or statutory declaration in the absence of directions to the contrary.


However, despite subsection (1), the Commissioner may—


take oral evidence instead of, or in addition to, evidence by affidavit or declaration; or


permit a deponent or declarant to be cross-examined on his or her affidavit or declaration.


Any such statutory declaration may, in the case of appeal, be used before the court instead of evidence by affidavit, and, if so used, has all the incidents and consequences of evidence by affidavit.


In any proceeding under this Act before the Commissioner, the Commissioner may administer oaths to any witness, and may in the prescribed manner require the attendance of any witness and discovery and production of documents.


Any evidence given on oath before the Commissioner is deemed to be given in a judicial proceeding for the purposes of sections 108 and 109 of the Crimes Act 1961.


Section 111 of the Crimes Act 1961 applies to every affidavit and statutory declaration made for the purposes of this Act.

Compare: 1953 No 66 s 68