New Zealand Acts

EVIDENCE ACT 2006 - SECT 85

85 Unacceptable questions

1 In any proceeding, if the Judge considers a question, or the way in which it is asked, is improper, unfair, misleading, needlessly repetitive, or expressed in language that is too complicated for the witness to understand, the Judge must disallow the question or direct that the witness is not obliged to answer it.

2 Without limiting the matters that the Judge may take into account for the purposes of subsection (1), the Judge may have regard to—

a) the age, maturity, or vulnerability of the witness; and

b) any physical, intellectual, psychological, or psychiatric impairment of the witness; and

c) the linguistic or cultural background or religious beliefs of the witness; and

d) the nature of the proceeding; and

e) in the case of a hypothetical question, whether the hypothesis has been or will be proved by other evidence in the proceeding; and

f) the nature of previous questions and any cumulative impact the questioning may have on the witness.

History: Section 85(1): replaced, on 21 December 2021, by section 9(1) of the Sexual Violence Legislation Act 2021 (2021 No 60).   Section 85(2)(a): replaced, on 21 December 2021, by section 9(2) of the Sexual Violence Legislation Act 2021 (2021 No 60).     Section 85(2)(f): inserted, on 21 December 2021, by section 9(3) of the Sexual Violence Legislation Act 2021 (2021 No 60).