Sexual Violence Legislation Bill

  • enacted

Hon Kris Faafoi

Sexual Violence Legislation Bill

Government Bill

185—3

Contents

Key
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)
9ASection 95 amended (Restrictions on cross-examination by parties in person)
10Section 99 amended (Witnesses recalled by Judge)
Trial process: alternative ways of giving evidence
11Section 102 replaced (Application)
102General provisions are subject to provisions for specific situations
11ASection 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
12Section 106 amended (Video record evidence)
Giving of evidence by family violence complainants
13Section 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
14New 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
15New 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
15AACross-heading above section 119 amended
15ASection 119 amended (Offences)
15BSection 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
16New section 126A inserted (Judicial directions about misconceptions arising in sexual cases)
126AJudicial directions about misconceptions arising in sexual cases
Regulations
16ASection 201 amended (Regulations)
16BNew section 201A inserted (Regulations made under section 201(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(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
17New Schedule 1AA inserted
Part 2
Amendments to Victims’ Rights Act 2002
Preliminary provisions
18Amendments to Victims’ Rights Act 2002
19Section 4 amended (Interpretation)
Transitional, savings, and related provisions
20New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
Victim impact statements
21Section 19 amended (Form and verification of information ascertained)
22Section 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
23New 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
24Sections 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
25Section 53 amended (Amendments)
26New Schedule 1AA inserted
27Schedule heading amended
Consequential amendments to Rights for Victims of Insane Offenders Act 2021
27AAmendments to Rights for Victims of Insane Offenders Act 2021
27BSection 14AA repealed (New section 5A inserted (Transitional, savings, and related provisions))
27CNew section 14NA inserted (Section 28BA amended (Victim’s preferences on presenting victim impact statement))
14NASection 28BA amended (Victim’s preferences on presenting victim impact statement)
27DSection 15AAA replaced
15AAASchedule 1AA amended
27ESchedule 4 amended
27FSchedule 5 amended
Part 3
Amendments to Criminal Procedure Act 2011
Preliminary provision
28Amendments to Criminal Procedure Act 2011
Procedure for taking oral evidence
28ASection 98 amended (Application of sections 103 to 105 of Evidence Act 2006)
Public access and restrictions on reporting
28BSection 194 amended (Interpretation)
29Section 196 amended (Court proceedings generally open to public)
29ASection 199 amended (Court must be cleared when complainant gives evidence in cases of sexual nature)
Power to clear court
30New 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
30ANew 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
30BSection 211 amended (Offences and penalties)
Appeals: appeals against pre-trial decisions: first appeals
31Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
32Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
32ASection 282 amended (Interpretation)
Transitional, savings, and related provisions
33Schedule 1AA amended
Schedule
Transitional, savings, and related provisions
Legislative history

The Parliament of New Zealand enacts as follows: