Evidence Regulations 2007

Version as at 9 June 2022

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

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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
Part 1
Video record evidence in criminal proceeding
Subpart 1—Recording video evidence
4Application of subpart
Who may be present at video recording of interview
5Only certain persons may be present during interview
6Person to support witness may be present
7Interpreter may be present
What must be on video record
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
Equipment failure
13Equipment failure
Master copy and working copy
14Copies of video record
15Master copy
16Working copy
17How master copy identified and kept
18How working copy identified and kept
Subpart 2—Restrictions on showing, viewing, copying, and supplying working copy and master copy
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
Request for video record made by responsible department or Family Court Judge
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
Request for video record under section 119A of the Act by Judge or judicial officer in other proceedings
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
Request by authorised advisors
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
Prosecution to give transcript to defence following not guilty plea
28Prosecutor to give transcript to defence following not guilty plea
Subpart 3—Lawyer’s copy
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
Subpart 4—Retention and destruction of master copy, copies of master copy, working copy, copies of working copy, and lawyer’s copy
35Application of subpart
36Meaning of destruction date A and destruction date B
Privacy preserved
37Privacy to be preserved
Master copy to be used in criminal proceeding
38Producing and retaining master copy for criminal proceeding
Court retention and destruction obligations
39Obligations of court to retain and destroy master copy and copy of master copy
Police retention and destruction obligations
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
Responsible department and Family Court retention and destruction obligations
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
Retention and destruction obligations of other courts and tribunals
46ARetention and destruction obligations of other courts and tribunals supplied with copy of video record and transcript under regulation 24A
Exception
47Destruction before destruction date
Transcripts
48Retention and destruction of transcripts
Subpart 5—Digital video records
48AApplication of subpart
48BDigital video records
48CExpress modifications for digital video records
48DAdditional requirements for digital video records
Part 2
Warning or informing jury about very young children’s evidence
49Warning or informing jury about very young children’s evidence
Part 3
Revocation and transitional provision
50Revocation
51Transitional provision
Part 4
Mobile video record evidence in criminal proceedings concerning family violence
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
Part 5
Offences
63Failure to comply with requirements
Schedule
Form
Gazette Information
Notes