Pursuant to the Evidence Act 2006, a judge may (either on the application of the party, or on the judge's own initiative) direct that a witness is to give evidence-in-chief and be cross-examined in the ordinary way or in an alternative way. In the particular case of sexual and/or domestic violence cases, the defendant is not entitled to personally cross-examine the complainant, a child (other than the complainant) who is a witness, unless the Judge gives permission.
The Evidence Act 2006 also provides that evidence may be given:
- while in a courtroom but unable to see the defendant or some other specified person, e.g. behind a screen; or
- from an appropriate place outside the courtroom, e.g. via video link, o
- by a video recording made before the hearing of the proceeding.
Full Evaluation Text
Source of Information
Response of the Government of New Zealand to the questionnaire on violence against women, 2009