Evidence Act 2006

103 Directions about alternative ways of giving evidence

• (1) In any proceeding, the Judge may, either on the application of a party or on the Judge’s own initiative, direct that a witness is to give evidence in chief and be cross-examined in the ordinary way or in an alternative way as provided in section 105.

  (2) An application for directions under subsection (1) must be made to the Judge as early as practicable before the proceeding is to be heard, or at any later time permitted by the court.

  (3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—

  • (a) the age or maturity of the witness:

  • (b) the physical, intellectual, psychological, or psychiatric impairment of the witness:

  • (c) the trauma suffered by the witness:

  • (d) the witness’s fear of intimidation:

  • (e) the linguistic or cultural background or religious beliefs of the witness:

  • (f) the nature of the proceeding:

  • (g) the nature of the evidence that the witness is expected to give:

  • (h) the relationship of the witness to any party to the proceeding:

  • (i) the absence or likely absence of the witness from New Zealand:

  • (j) any other ground likely to promote the purpose of the Act.

  (4) In giving directions under subsection (1), the Judge must have regard to—

  • (a) the need to ensure—

    • (i) the fairness of the proceeding; and

    • (ii) in a criminal proceeding, that there is a fair trial; and

  • (b) the views of the witness and—

    • (i) the need to minimise the stress on the witness; and

    • (ii) in a criminal proceeding, the need to promote the recovery of a complainant from the alleged offence; and

  • (c) any other factor that is relevant to the just determination of the proceeding.