Sexual Violence Legislation Act 2021

If you need more information about this Act, please contact the administering agency: Ministry of Justice
  • Sections 21, 22, 23, and 45(2): editorial changes made, on 20 January 2023, under sections 86(1) and 87(l)(iii) and (iv) of the Legislation Act 2019 (2019 No 58).
Coat of Arms of New Zealand

Sexual Violence Legislation Act 2021

Public Act
 
2021 No 60
Date of assent
 
20 December 2021
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Amendments to Evidence Act 2006
Preliminary provisions
3Amendments to Evidence Act 2006
4Section 4 amended (Interpretation)
5New section 4A inserted (Transitional, savings, and related provisions)
4ATransitional, savings, and related provisions
Veracity: application
6Section 36 amended (Application of subpart to evidence of veracity and propensity)
Propensity: evidence of propensity
7Section 40 amended (Propensity rule)
Complainants in sexual cases
8Sections 44 and 44A replaced
44Evidence of sexual experience or sexual disposition of complainants in sexual cases
44AAEvidence of sexual reputation of complainants in sexual cases
44AApplication to offer evidence or ask questions about sexual experience or sexual disposition or sexual reputation of complainants in sexual cases
Trial process: questioning of witnesses
9Section 85 amended (Unacceptable questions)
10Section 95 amended (Restrictions on cross-examination by parties in person)
11Section 99 amended (Witnesses recalled by Judge)
Trial process: alternative ways of giving evidence
12Section 102 replaced (Application)
102General provisions are subject to provisions for specific situations
13Section 102A replaced (Relationship of Courts (Remote Participation) Act 2010 to sections 103 to 106)
102ARelationship of Courts (Remote Participation) Act 2010 to this subpart
Video record evidence
14Section 106 amended (Video record evidence)
Giving of evidence by family violence complainants
15Section 106A replaced (Giving of evidence by family violence complainants)
106AASections 106A and 106B apply to family violence complainants
106AGiving of evidence by family violence complainants
Giving of evidence by sexual case complainants or propensity witnesses
16New sections 106C to 106J and cross-heading inserted
Giving of evidence by sexual case complainants or propensity witnesses
106CSections 106D to 106J apply to sexual case complainants or propensity witnesses
106DGiving of evidence by sexual case complainants or propensity witnesses
106EApplication by prosecutor for sexual case complainant or propensity witness who is child to give evidence in ordinary way
106FApplication by any other party for sexual case complainant or propensity witness to give evidence in ordinary way or different alternative way
106GDirection that sexual case complainant’s or propensity witness’s cross-examination evidence not be given by video record made before trial
106HFurther cross-examination if all evidence of sexual case complainant or propensity witness has been or is to be given by video record made before trial
106IVideo record evidence: sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial
106IAProcedure if video record evidence under section 106 not offered, or not admitted, as evidence in chief
106JMaking of video record of sexual case complainant’s or propensity witness’s evidence given at trial and not given by video record made before trial
Giving of evidence by child witnesses
17New section 107AA inserted (Sections 107 to 107B apply to child witnesses)
107AASections 107 to 107B apply to child witnesses
Offences and requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings
18Cross-heading above section 119 amended
19Section 119 amended (Offences)
20Section 119A replaced (Requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings)
119ARequirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings
Trial process: judicial directions
21New section 126A inserted (Judicial directions about misconceptions arising in sexual cases)
126AJudicial directions about misconceptions arising in sexual cases
Regulations
22Section 201 amended (Regulations)
23New section 201A inserted (Regulations made under section 201(1)(a) may authorise Judge to make order restricting attendance by, or excluding, members of media at making, before trial, of video record of sexual case complainant’s or propensity witness’s evidence)
201ARegulations made under section 201(1)(a) may authorise Judge to make order restricting attendance by, or excluding, members of media at making, before trial, of video record of sexual case complainant’s or propensity witness’s evidence
Transitional, savings, and related provisions
24New Schedule 1AA inserted
Part 2
Amendments to Victims’ Rights Act 2002
Preliminary provisions
25Amendments to Victims’ Rights Act 2002
26Section 4 amended (Interpretation)
Transitional, savings, and related provisions
27New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
Victim impact statements
28Section 19 amended (Form and verification of information ascertained)
29Section 22A replaced (Victim impact statement may be presented to court in some other manner)
22AVictim impact statement may be presented to court in some other manner
Rights of victims who are sexual case complainants
30New Part 2A inserted
Part 2A
Provisions relating to rights of victims who are sexual case complainants
28ASections 28BA and 28D apply only to individual victims who are sexual case complainants
28BAVictim’s preferences on presenting victim impact statement
28DCourt may be cleared when victim impact statement read or otherwise presented to court
31Sections 28A and 28BA replaced
28ASections 28B to 28D apply only to individual victims, or all victims, who are sexual case complainants
28BVictim’s preferences on ways of giving evidence
28BAVictim’s preferences on presenting victim impact statement
28CAvailability of appropriate facilities when attending court
Transitional, savings, and related provisions
32Section 53 amended (Amendments)
33New Schedule 1AA inserted
34Schedule heading amended
Consequential amendments to Rights for Victims of Insane Offenders Act 2021
35Amendments to Rights for Victims of Insane Offenders Act 2021
36Section 29 repealed (New section 5A inserted (Transitional, savings, and related provisions))
37New section 42A inserted (Section 28BA amended (Victim’s preferences on presenting victim impact statement))
42ASection 28BA amended (Victim’s preferences on presenting victim impact statement)
38Section 44 replaced
44Schedule 1AA amended
39Schedule 4 amended
40Schedule 5 amended
Part 3
Amendments to Criminal Procedure Act 2011
Preliminary provision
41Amendments to Criminal Procedure Act 2011
Procedure for taking oral evidence
42Section 98 amended (Application of sections 103 to 105 of Evidence Act 2006)
Public access and restrictions on reporting
43Section 194 amended (Interpretation)
44Section 196 amended (Court proceedings generally open to public)
45Section 199 amended (Court must be cleared when complainant gives evidence in cases of sexual nature)
Power to clear court
46New section 199AA inserted (Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature)
199AACourt may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature
Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial
47New section 199BA and cross-heading inserted
Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial
199BAAutomatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial
48Section 211 amended (Offences and penalties)
Appeals: appeals against pre-trial decisions: first appeals
49Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
50Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
51Section 282 amended (Interpretation)
Transitional, savings, and related provisions
52Schedule 1AA amended
Schedule
Transitional, savings, and related provisions
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: