13 Full disclosure

(1)

The prosecutor must disclose to the defendant the information described in subsection (2) as soon as is reasonably practicable after a defendant has pleaded not guilty.

(2)

The information referred to in subsection (1) is—

(a)

any relevant information, including, without limitation, the information (standard information) described in subsection (3); and

(b)

a list of any relevant information that the prosecutor refuses under section 15, 16, 17, or 18 to disclose to the defendant together with—

(i)

the reason for the refusal; and

(ii)

if the defendant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 16, 17, or 18 and (in the case of the interests protected by section 18) there is no overriding public interest.

(3)

The standard information referred to in subsection (2)(a) is—

(a)

a copy of any statement made by a prosecution witness; and

(b)

a copy of any brief of evidence that has been prepared in relation to a prosecution witness; and

(c)

the name and, if disclosure is authorised under section 17, the address of any person interviewed by the prosecutor who gave relevant information and whom the prosecutor does not intend to call as a witness; and—

(i)

any written account of the interview, whether signed or unsigned, and any other record of the interview; and

(ii)

any statement made to the prosecutor by the person; and

(d)

any convictions of a prosecution witness that are known to the prosecutor and that may affect the credibility of that witness; and

(e)

a list of all exhibits that the prosecutor proposes to have introduced as evidence as part of the case for the prosecution; and

(f)

a list of all relevant exhibits in the possession of the prosecutor that the prosecutor does not propose to have introduced as evidence; and

(g)

a copy of any information supplied to the prosecutor in connection with the case by any person or persons whom the prosecutor proposes to call to give evidence as an expert witness or witnesses; and

(h)

a copy of any relevant information supplied to the prosecutor by a person or persons whom the prosecutor considered calling to give evidence as an expert witness or witnesses, but elected not to do so.

(4)

The obligation to disclose information to the defendant under this section as soon as is reasonably practicable is subject to any order made under section 30 or 32.

(5)

If information referred to in subsection (2) comes into the possession or control of the prosecutor, or is prepared in recorded form, after the prosecutor has disclosed information in accordance with subsection (1) and before the hearing or trial is completed, the prosecutor must disclose the information to the defendant as soon as is reasonably practicable.

(6)

The entitlement of a defendant to information under this section continues while the criminal proceedings are in progress (including any appeal against conviction) and during the period from the conviction until the expiry of the time for lodging an appeal against conviction.

(7)

To avoid doubt, a reference in subsection (1) to pleading not guilty includes—

(a)
[Repealed]

(b)

requesting a hearing in accordance with section 21(6) of the Summary Proceedings Act 1957 (unless the request is accompanied by an admission of liability); or

(c)

denying the charge during any appearance before the Youth Court under Part 4 of the Oranga Tamariki Act 1989.

Section 13(1): replaced, on 1 July 2013, by section 8 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

Section 13(7)(a): repealed, on 1 July 2013, by section 8 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

Section 13(7)(b): amended, on 1 July 2013, by section 8 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

Section 13(7)(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).