Evidence Regulations 2007

  • not the latest version

Reprint as at 1 October 2008

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 section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

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

1 Title

2 Commencement

3 Interpretation

Part 1
Video record evidence in criminal proceeding

Subpart 1Recording video evidence

4 Application of subpart

Who may be present at video recording of interview

5 Only certain persons may be present during interview

6 Person to support witness may be present

7 Interpreter may be present

What must be on video record

8 What must be on video record

9 Additional requirement if break taken

10 Additional requirement if premature conclusion

11 Additional requirement if person present to support witness

12 Additional requirement if interpreter present

Equipment failure

13 Equipment failure

Master copy and working copy

14 Copies of video record

15 Master copy

16 Working copy

17 How master copy identified and kept

18 How working copy identified and kept

Subpart 2Restrictions on showing, viewing, copying, and supplying working copy and master copy

19 Application of subpart

20 Limited purposes for which Police may show working copy

Request for video record made by responsible department or Family Court Judge

21 Responsible department may request video record of certain complainants

22 Family Court Judge may request video record of certain complainants

23 Transcript to accompany video record supplied to responsible department or Family Court

24 Copying or showing transcript limited to certain purposes

Request by authorised advisors

25 Authorised advisor may request copy of video record

26 Conditions of supply of copy of master copy to authorised advisor

27 Transcripts to accompany copy of master copy supplied to authorised advisor

Prosecution to give transcript to defence before preliminary hearing

28 Prosecutor to give transcript to defence before preliminary hearing or defended summary hearing

Subpart 3Lawyer's copy

29 Application of subpart

30 Lawyer's copy

31 Custody of lawyer's copy

32 Purposes for which lawyer's copy may be used by lawyer

33 Prohibition on copying lawyer's copy

34 Restriction on supply of lawyer's copy

Subpart 4Retention and destruction of master copy, copies of master copy, working copy, copies of working copy, and lawyer's copy

35 Application of subpart

36 Meaning of destruction date A and destruction date B

Privacy preserved

37 Privacy to be preserved

Master copy to be used in criminal proceeding

38 Producing and retaining master copy for criminal proceeding

Court retention and destruction obligations

39 Obligations of court to retain and destroy master copy and copy of master copy

Police retention and destruction obligations

40 Obligations of Police to retain and destroy master copy

41 Obligations of Police to retain and destroy working copy and copy of working copy

42 Obligations of Police to retain and destroy lawyer's copy

Responsible department and Family Court retention and destruction obligations

43 Obligations of responsible department to retain and destroy working copy

44 Obligation of responsible department to retain and destroy copy of working copy

45 Obligations of Family Court to retain and destroy working copy

46 Obligations of Family Court to retain and destroy copy of working copy

Exception

47 Destruction before destruction date

Transcripts

48 Retention and destruction of transcripts

Part 2
Warning or informing jury about very young children's evidence

49 Warning or informing jury about very young children's evidence

Part 3
Revocation and transitional provision

50 Revocation

51 Transitional provision

Schedule
Form

Gazette information

Reprint notes


Regulations