New Zealand Acts

EVIDENCE ACT 2006 - SECT 83

83 Ordinary way of giving evidence

1 The ordinary way for a witness to give evidence is,—

a) in a criminal or civil proceeding, orally in a courtroom in the presence of—

i) the Judge or, if there is a jury, the Judge and jury; and

ii) the parties to the proceeding and their counsel; and

iii) any member of the public who wishes to be present, unless excluded by order of the Judge; or

b) in a criminal proceeding, in an affidavit filed in the court or by reading a written statement in a courtroom, if both the prosecution and the defendant consent to the giving of evidence in this form; or

c) in a civil proceeding, in an affidavit filed in the court or by reading a written statement in a courtroom, if—

i) rules of court permit or require the giving of evidence in this form; or

ii) both parties consent to the giving of evidence in this form.

2 An affidavit or a written statement referred to in subsection (1)(b) or (c) may be given in evidence only if it—

a) is the personal statement of the deponent or maker; and

b) does not contain a statement that is otherwise inadmissible under this Act.