Giving evidence to Commissioner

256 How to give evidence to Commissioner in proceedings
  • (1) Evidence must be given by affidavit or statutory declaration (unless the Commissioner directs otherwise under subsection (2)) in proceedings before the Commissioner under this Act.

    (2) However, the Commissioner may—

    • (a) take oral evidence instead of, or as well as, the affidavit or declaration; and

    • (b) allow a witness to be cross-examined on the witness’s affidavit, declaration, or oral evidence.

    (3) The statutory declaration may be used before a court in any appeal instead of evidence by affidavit and, if used in this way, has all the same incidents and consequences as evidence by affidavit.

    (4) Section 111 of the Crimes Act 1961 (which relates to false statements or declarations) applies to every affidavit and statutory declaration made for the purposes of this Act.

    Compare: 1953 No 64 s 96(1), (4)