Evidence Regulations 2007

Reprint as at 1 July 2019

Coat of Arms of New Zealand

Evidence Regulations 2007

(SR 2007/204)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 23rd day of July 2007

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Justice.

Pursuant to sections 200 and 201 of the Evidence Act 2006 and, in relation to preliminary hearings, pursuant also to section 212 of the Summary Proceedings Act 1957, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1Title
2Commencement
3Interpretation
3AApplication of regulations to certain military proceedings
4Application of subpart
5Only certain persons may be present during interview
6Person to support witness may be present
7Interpreter may be present
8What must be on video record
9Additional requirement if break taken
10Additional requirement if premature conclusion
11Additional requirement if person present to support witness
12Additional requirement if interpreter present
13Equipment failure
14Copies of video record
15Master copy
16Working copy
17How master copy identified and kept
18How working copy identified and kept
19Application of subpart
20Limited purposes for which Police may show working copy
20ARequirements for experts viewing video records
20BLimited places where working copy of video record of evidence may be viewed
20CJudge or judicial officer may impose conditions
21Responsible department may request video record of certain complainants
22Family Court Judge may request video record of certain complainants
23Transcript to accompany video record supplied to responsible department or Family Court
24Copying or showing transcript limited to certain purposes
24AJudge or judicial officer may request copy of video record
24BSafe custody, use of video record and transcript, prohibition on copying video record, and copying of transcript
24CDisclosure of copy of video record, transcript, or summary
24DDisclosure by viewing video record
24EAdmissibility
25Authorised advisor may request copy of video record
26Conditions of supply of copy of master copy to authorised advisor
27Transcripts to accompany copy of master copy supplied to authorised advisor
28Prosecutor to give transcript to defence following not guilty plea
29Application of subpart
30Lawyer’s copy
31Custody of lawyer’s copy
32Use of lawyer’s copy by defendant’s lawyer
33Prohibition on copying lawyer’s copy
34Use of lawyer’s copy by Crown lawyer
35Application of subpart
36Meaning of destruction date A and destruction date B
37Privacy to be preserved
38Producing and retaining master copy for criminal proceeding
39Obligations of court to retain and destroy master copy and copy of master copy
40Obligations of Police to retain and destroy master copy
41Obligations of Police to retain and destroy working copy and copy of working copy
42Obligations of Police to retain and destroy lawyer’s copy
43Obligations of responsible department to retain and destroy working copy
44Obligation of responsible department to retain and destroy copy of working copy
45Obligations of Family Court to retain and destroy working copy
46Obligations of Family Court to retain and destroy copy of working copy
46ARetention and destruction obligations of other courts and tribunals supplied with copy of video record and transcript under regulation 24A
47Destruction before destruction date
48Retention and destruction of transcripts
49Warning or informing jury about very young children’s evidence
50Revocation
51Transitional provision
52Application
53Interpretation
54Requirements for recording mobile video records
55Storage of mobile video records
56Application of regulations 20, 20A, 20B, 20C, 24A, 24B, 24C, 24D, 24E, and 28 to mobile video records
57Access to mobile video records
58Privacy in respect of mobile video records
59Producing and retaining copies of mobile video records for criminal proceedings concerning family violence
60Obligations of Police to retain and destroy mobile video records
61Destruction of transcripts
62Records to be kept of dealings with mobile video records
63Failure to comply with requirements
Gazette Information
Reprint notes