No person shall be excluded from giving evidence in any proceeding on the ground that he has or may have an interest in the matter in question, or in the result of the proceeding, or on the ground that he has previously been convicted of any offence.

In any civil proceeding the parties thereto and the persons on whose behalf such proceedings is brought or defended, and the husbands, wives, or civil union partners of such parties or persons respectively, shall, subject to the provisions of this Act, be competent and compellable to give evidence on behalf of either or any of the parties to such proceeding:

Provided that nothing herein shall render any person compellable to answer any question tending to criminate himself.

(1) Except as provided by or under this or any other Act, neither the person charged with any offence nor that person's spouse shall be a competent or compellable witness for the prosecution or defence in any proceeding in connection with the offence.

(2) Subject to subsection (3) of this section, where any person is charged with an offence, whether solely or jointly with any other person,—

• (a) The person charged shall be a competent witness for the defence; and

• (b) That person's spouse shall be a competent and compellable witness for the defence—

at every stage of the proceedings.

(3) Neither the person charged nor that person's spouse shall be called as a witness in pursuance of subsection (2) of this section except upon the application of the person charged.

(4) A person charged and called as a witness in pursuance of subsection (2) of this section—

• (a) May be asked any question in cross-examination notwithstanding that it would tend to incriminate that person as to the offence charged; and

• (b) Is liable to be cross-examined like any other witness on any matter, though not arising out of that person's examination in chief; but so far as the cross-examination relates to any previous conviction of that person, or to that person's credit, the Court may limit the cross-examination as it thinks proper, although the cross-examination may be permissible in the case of any other witness.

(5) Every person called as a witness in pursuance of subsection (2) of this section shall, unless otherwise ordered by the Court, give evidence from the witness box or other place from which the other witnesses give evidence.

(6) The spouse of a person charged with an offence shall be a competent but not compellable witness for the prosecution, and without the consent of the person charged, at every stage of the proceedings.

(7) Subject to subsection (8) of this section, where any person is charged with an offence jointly with any other person (hereafter in this section referred to as the co-accused), that person shall be a competent and compellable witness for the prosecution against the co-accused, and without the consent of the co-accused, or for the defence of the co-accused, at every stage of the proceedings, if—

• (a) The proceedings against that person have been stayed, or in the case of an offence punishable on summary conviction, the information against that person has been withdrawn or dismissed; or

• (b) That person has been acquitted of the offence; or

• (c) That person has pleaded guilty to the offence; or

• (d) That person is being tried separately from the co-accused.

(8) The spouse of the co-accused shall not—

• (a) Be called as a witness for the defence in pursuance of subsection (7) of this section except upon the application of the co-accused; and

• (b) Be a compellable witness for the prosecution against the co-accused.

(9) Where 2 or more persons are jointly charged with any offence, the evidence of any person called as a witness for the prosecution or the defence in pursuance of this section may be received as evidence either for or against any of the persons so charged.

(10) The provisions of this section shall not affect the operation of any other provision of this Act or of any other enactment, but shall apply notwithstanding any rule of law to the contrary.

A witness shall not be excused from answering any question relevant to the proceedings on the sole ground that to answer the question may establish or tend to establish that the witness owes a debt, or otherwise subject the witness to any civil liability.

A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but may contradict him by other evidence.

Every witness under cross-examination, and every witness on his examination in chief (if the Judge, being of opinion that the witness is hostile, permits the question), may in any proceeding, civil or criminal, be asked whether he has made any former statement relative to the subject-matter of the proceeding, and inconsistent with his present testimony, the circumstances of the supposed statement being referred to sufficiently to designate the particular occasion, and, if he does not distinctly admit that he made such statement, proof may be given that he did in fact make it.

(1) A witness may be cross-examined as to previous statements made by him in writing or reduced into writing relative to the subject-matter of the indictment or proceeding without such writing being shown to him; but if it is intended to contradict such witness by the writing his attention must, before such contradictory proof can be given, be called to those parts of the writing that are to be used for the purpose of so contradicting him.

(2) The Judge may at any time during the trial require the writing to be produced for his inspection, and may thereupon make such use of it for the purposes of the trial as he thinks fit.

(1) A witness may be questioned as to whether he has been convicted of any indictable offence, and, upon being so questioned, if he either denies or does not admit the fact, or refuses to answer, the cross-examining party may prove such conviction.

(2) [Repealed]

(3) [Repealed]

(1) A conviction may be proved against any person in any civil or criminal proceedings by the production of such evidence as is mentioned in this section.

(2) A certificate purporting to be signed by a fingerprint expert who is—

• (a) A member of the Police; or

• (b) A member of any police force in the United Kingdom; or

• (c) A member of the police force of any State or Territory of the Commonwealth of Australia; or

• (d) A member of any police force of Canada or of any Province or Territory of Canada,—

to which is exhibited or on which are shown copies of the fingerprints of any person and certifying that those copies are copies of the fingerprints of a person who was convicted in that country of any offence of which particulars are given, shall be admissible in evidence for the purpose of proving the identity of any person alleged to have been convicted in that country of any such offence.

(3) A certificate, purporting to be signed by a fingerprint expert who is a member of the Police, and certifying that the copies of the fingerprints which are exhibited to or shown on a certificate made under subsection (2) of this section and the fingerprints of the person in respect of whom a conviction is sought to be proved (a copy of which fingerprints is exhibited to or shown on the certificate made under this subsection) are the fingerprints of the same person, shall be evidence that the person in respect of whom the conviction is sought to be proved was the person convicted of the offence of which particulars were given in the certificate made under subsection (2) of this section.

(4) The Governor-General may from time to time by Order in Council declare that certificates purporting to be made by specified persons or classes of persons in any country outside New Zealand, the United Kingdom, Australia, or Canada and to the same effect, in respect of convictions for offences committed in that country, as certificates under subsection (2) of this section shall be evidence as if they had been made under the said subsection.

(5) In this section the term country includes any State, territory, province, or part of a country.

(6) The mode of proving a conviction authorised by this section shall be in addition to any other method of proving the conviction.

(1) No corroboration of the evidence given by an accomplice of the accused shall be required for the accused to be convicted, and it shall not be necessary for the Judge to give any warning to the jury relating to the absence of corroboration.

(2) Nothing in this section shall derogate from the provisions of section 75(1) (evidence of treason) or section 112 (evidence of perjury, false oath, or false statement) of the Crimes Act 1961.

Where in any criminal proceedings it appears to the Judge that a witness may have some purpose of his or her own to serve in giving evidence and that for that reason there is a risk that the witness may give false evidence that is prejudicial to the accused, the Judge shall consider whether or not it would be appropriate to instruct the jury on the need for special caution in considering the evidence given by the witness.

(1) If any question put to a witness upon cross-examination relates to a matter not relevant to the proceeding, except in so far as it affects the credit of the witness by injuring his character, it shall be the duty of the Court to decide whether or not the witness shall be compelled to answer it, and the Court may, if it thinks fit, warn the witness that he is not obliged to answer it.

(2) In exercising this discretion the Court shall have regard to the following considerations:

• (a) Such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies:

• (b) Such questions are improper if the imputation they convey relates to matters so remote in time or of such a character that the truth of the imputation would not affect, or would affect in a slight degree only, the opinion of the Court as to the credibility of the witness on the matter to which he testifies:

• (c) Such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence.

(3) Nothing herein shall be deemed to make any witness compellable to give evidence upon any matter he is now by law privileged from disclosing.

(1) This section applies in any case where a person is being or is to be proceeded against by indictment—

• (a) For any offence that is punishable by imprisonment for life or for a term of at least 7 years; or

• (b) For any other offence against any of the provisions of the Misuse of Drugs Act 1975 except sections 7 and 13; or

• (c) For conspiracy to commit, or for attempting to commit, an offence described in paragraph (a) or paragraph (b) of this subsection.

(2) For the purposes of this section the term undercover police officer, in relation to any proceedings to which this section applies, means a member of the Police whose identity was concealed for the purposes of any investigation relevant to the proceedings.

(3) Where, in any proceedings to which this section applies, it is intended to call an undercover Police officer as a witness for the prosecution, the Commissioner of Police may, at any time before an indictment is presented, file in the Court in which the proceedings are to be held a certificate given under the Commissioner's hand stating in respect of that witness the following particulars:

• (a) That during the period specified in the certificate the witness was a member of the Police and acted as an undercover Police officer:

• (b) That the witness has not been convicted of any offence or (as the case may require) that the witness has not been convicted of any offence other than the offence or offences described in the certificate:

• (c) That the witness has not been found guilty of an offence of misconduct or neglect of duty under the Police Act 1958 or (as the case may require) that the witness has not been found guilty of any such offence except the offence or offences described in the certificate.

(4) If, to the knowledge of the Commissioner, the credibility of the witness in giving evidence in any other proceedings has been the subject of adverse comment by the Judge or other person before whom those proceedings were held, the Commissioner shall also include in the certificate a statement of the relevant particulars.

(5) It shall be sufficient for the purposes of subsections (3) and (4) of this section if the certificate includes a statement of the nature of any offence or comment referred to in the certificate and the year in which the offence was committed or the comment was made; and it shall not be necessary to include the venue or precise date of the proceedings or any other particulars that might enable the true name or true address of the witness to be discovered.

(6) If, in any proceedings to which this section applies, the Commissioner of Police files a certificate under subsection (3) of this section relating to any witness, the following provisions shall apply:

• (a) If a witness is subsequently called for the prosecution and attests that, during the period specified in the certificate, he or she was a member of the Police and acted as an undercover Police officer under the name specified in the certificate, it shall be presumed in the absence of proof to the contrary that the certificate has been given in respect of that witness:

• (b) It shall be sufficient if the witness is identified by the name by which the witness was known while acting as an undercover Police officer, and, except where leave is given under paragraph (d) of this subsection, the witness shall not be required to state his or her true name or address or to give any particulars likely to lead to the discovery of that name or address:

• (c) Except where leave is given under paragraph (d) of this subsection, no barrister, solicitor, officer of the Court, or other person involved in the proceedings shall state in Court the true name or the address of the witness or give any particulars likely to lead to the discovery of that name or address:

• (d) No evidence shall be given, and no question shall be put to the witness or to any other witness, relating directly or indirectly to the true name or the address of the witness, except by leave of the Judge:

• (e) On an application for leave under paragraph (d) of this subsection, the certificate shall, in the absence of evidence to the contrary, be sufficient evidence of the particulars stated in it.

(7) The Judge shall not grant leave under subsection (6)(d) of this section unless the Judge is satisfied—

• (a) That there is some evidence before the Judge that, if believed by the jury, could call into question the credibility of the witness; and

• (b) That it is necessary in the interests of justice that the accused be enabled to test properly the credibility of the witness; and

• (c) That it would be impracticable for the accused to test properly the credibility of the witness if the accused were not informed of the true name or the true address of the witness.

(8) An application for leave under subsection (6)(d) of this section—

• (a) May be made from time to time and at any stage of the proceedings; and

• (b) Shall, where practicable, be made and dealt with in chambers; and

• (c) Where the application is made during the trial before a jury, shall be dealt with and determined by the judge in the absence of the jury.

(9) Where the Commissioner of Police gives a certificate under subsection (3) of this section in respect of any witness, the Commissioner shall serve on the accused or any solicitor or counsel acting for the accused, at least 14 days before the witness is to give evidence, a copy of the certificate.

(1) This section applies if a person is charged with an offence and is to be proceeded against by indictment.

(2) At any time after the person is charged, the prosecutor or defendant may apply to a Judge for an order—

• (a) Excusing the applicant from disclosing to the other party prior to the preliminary hearing the name, address, and occupation of any witness, and (except with leave of the Judge) any other particulars likely to lead to the witness's identification; and

• (b) Excusing the witness from stating at the preliminary hearing his or her name, address, and occupation, and (except with leave of the Judge) any other particulars likely to lead to the witness's identification.

(3) The Judge must hear and determine the application in chambers, and—

• (a) The Judge must give each party an opportunity to be heard on the application; and

• (b) Neither the party supporting the application nor the witness need disclose any information that might disclose the witness's identity to any person (other than the Judge) before the application is dealt with.

(4) The Judge may make the order if he or she believes on reasonable grounds that—

• (a) The safety of the witness or of any other person is likely to be endangered, or there is likely to be serious damage to property, if the witness's identity is disclosed prior to the trial; and

• (b) Withholding the witness's identity until the trial would not be contrary to the interests of justice.

(5) Without limiting subsection (4), in considering the application, the Judge must have regard to—

• (a) The general right of an accused to know the identity of witnesses; and

• (b) The principle that witness anonymity orders are justified only in exceptional circumstances; and

• (c) The gravity of the offence; and

• (d) The importance of the witness's evidence to the case of the party who wishes to call the witness; and

• (e) Whether it is practical for the witness to be protected prior to the trial by any other means; and

• (f) Whether there is other evidence which corroborates the witness's evidence.

(6) If a pre-trial witness anonymity order is made under this section,—

• (a) The party who applied for the order must give the Judge the name, address, and occupation of the witness; and

• (b) During the course of the preliminary hearing, no counsel, solicitor, officer of the Court, or other person involved in the preliminary hearing may disclose the name, address, or occupation of the witness, or any other particulars likely to lead to the witness's identification; and

• (c) During the course of the preliminary hearing,—

  • (i) No oral evidence may be given, and no question may be put to any witness, if the evidence or question relates to the name, address, or occupation of the witness who is subject to the order; and

  • (ii) Except with leave of the Judge, no oral evidence may be given, and no question may be put to any witness, if the evidence or question relates to any other particulars likely to lead to the identification of the witness who is subject to the order; and

• (d) No person may publish, in any report or account relating to the proceeding, the name, address, or occupation of the witness, or any particulars likely to lead to the witness's identification.

(7) A pre-trial witness anonymity order may be made by—

• (a) A District Court Judge who holds a warrant under the District Courts Act 1947 to conduct trials on indictment:

• (b) If the preliminary hearing is held in a Youth Court, a Judge referred to in section 274(2)(a) of the Children, Young Persons, and Their Families Act 1989:

• (c) A High Court Judge.

(1) This section applies if a person is charged with an indictable offence and either—

• (a) Is committed to the High Court for trial; or

• (b) Is committed to a District Court for trial and is the subject of an application under section 28J of the District Courts Act 1947 to transfer the proceeding to the High Court.

(2) At any time after the person is committed for trial, the prosecutor or the accused may apply to a High Court Judge for a witness anonymity order under this section.

(3) The Judge must hear and determine the application in chambers, and—

• (a) The Judge must give each party an opportunity to be heard on the application; and

• (b) Neither the party supporting the application nor the witness need disclose any information that might disclose the witness's identity to any person (other than the Judge) before the application is dealt with.

(4) The Judge may make a witness anonymity order if satisfied that—

• (a) The safety of the witness or of any other person is likely to be endangered, or there is likely to be serious damage to property, if the witness's identity is disclosed; and

• (b) Either—

  • (i) There is no reason to believe that the witness has a motive or tendency to be untruthful, having regard (where applicable) to the witness's previous convictions or the witness's relationship with the accused or any associates of the accused; or

  • (ii) The witness's credibility can be tested properly without disclosure of the witness's identity; and

• (c) The making of the order would not deprive the accused of a fair trial.

(5) Without limiting subsection (4), in considering the application, the Judge must have regard to—

• (a) The general right of an accused to know the identity of witnesses; and

• (b) The principle that witness anonymity orders are justified only in exceptional circumstances; and

• (c) The gravity of the offence; and

• (d) The importance of the witness's evidence to the case of the party who wishes to call the witness; and

• (e) Whether it is practical for the witness to be protected by any means other than an anonymity order; and

• (f) Whether there is other evidence which corroborates the witness's evidence.

(6) If a witness anonymity order is made under this section,—

• (a) The party who applied for the order must give the Judge the name, address, and occupation of the witness; and

• (b) The witness may not be required to state in Court his or her name, address, or occupation; and

• (c) During the course of the trial, no counsel, solicitor, officer of the Court, or other person involved in the proceeding may disclose—

  • (i) The name, address, or occupation of the witness; or

  • (ii) Except with leave of the Judge, any other particulars likely to lead to the witness's identification; and

• (d) During the course of the trial,—

  • (i) No oral evidence may be given, and no question may be put to any witness, if the evidence or question relates to the name, address, or occupation of the witness who is subject to the order; and

  • (ii) Except with leave of the Judge, no oral evidence may be given, and no question may be put to any witness, if the evidence or question relates to any other particulars likely to lead to the identification of the witness who is subject to the order; and

• (e) No person may publish, in any report or account relating to the proceeding, the name, address, or occupation of the witness, or any particulars likely to lead to the witness's identification.

(1) If an application to transfer a proceeding to the High Court is made under section 28J of the District Courts Act 1947 and a witness anonymity order is made under section 13C in that case before the application is dealt with, the Judge considering the application must transfer the proceeding to the High Court.

(2) In any other case where a witness who may be called to give evidence in a criminal trial is the subject of a witness anonymity order made under section 13C, the trial must be held in the High Court.

(3) This section has effect despite anything in sections 28A and 28J of the District Courts Act 1947.

(1) For the purposes of considering an application for a witness anonymity order under section 13C, the Judge may appoint an independent counsel to assist the Judge and, without limiting the directions the Judge may give, the Judge may direct the independent counsel to—

• (a) Inquire into the matters referred to in paragraphs (a) and (b) of section 13C(4) and any other matters the Judge thinks relevant; and

• (b) Report the counsel's findings to the Judge.

(2) The party who applied for the witness anonymity order must make available to the independent counsel all information relating to the proceeding that is in that party's possession.

(3) Fees for professional services provided by counsel appointed under this section, and reasonable expenses incurred,—

• (a) May be determined in accordance with regulations made under subsection (6); and

• (b) Are payable from money appropriated by Parliament or the purpose.

(4) The bill of costs rendered by a counsel appointed under this section must be given to the Registrar of the Court in which the proceeding was heard, and the Registrar may tax the bill of costs.

(5) If the counsel is dissatisfied with the decision of the Registrar as to the amount of the bill, the counsel may, within 14 days after the date of the decision, apply to a Judge of the Court to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.

(6) The Governor-General may from to time, by Order in Council, make regulations making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by counsel appointed under this section.

In a trial to which a witness anonymity order applies, the Judge must, unless he or she considers it inappropriate, advise the jury to the effect that—

• (a) The jury is not to draw any adverse inference against the accused from the fact that the order has been made; and

• (b) If directions have been given under section 13G concerning the mode of giving evidence, the jury is not to draw any adverse inference against the accused from the fact that directions have been given.

(1) A Judge who makes an order under section 13B or section 13C may, for the purposes of the preliminary hearing or trial (as the case may be), also make such orders and give such directions as the Judge considers necessary to preserve the anonymity of the witness, including (without limitation) 1 or more of the following directions:

• (a) That the Court be cleared of members of the public:

• (b) That the witness be screened from the defendant:

• (c) That the witness give evidence by closed-circuit television or by video link.

(2) In considering whether to give directions concerning the mode in which the witness is to give his or her evidence at the preliminary hearing or trial, the Judge must have regard to the need to protect the witness while at the same time ensuring a fair hearing for the defendant.

(3) This section does not limit—

• (a) Section 206 of the Summary Proceedings Act 1957 (which confers powers to deal with contempt of Court); or

• (b) Section 138 of the Criminal Justice Act 1985 (which confers power to clear the Court); or

• (c) Any power of the Court to direct that evidence be given, or to permit evidence to be given, by a particular mode.

At any time before a witness gives evidence during a trial, a High Court Judge may, on his or her own motion or on the application of either party, vary or discharge a witness anonymity order made for the purposes of the proceeding under section 13C.

If, at any time after the events which are the subject of a charge, a witness under a Police witness protection programme assumes a new identity, the witness may not be required in any proceeding concerning the charge to disclose his or her assumed name or any particulars likely to disclose his or her new identity.

(1) A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 7 years who, with knowledge of a pre-trial witness anonymity order made under section 13B, intentionally contravenes paragraph (b) or paragraph (d) of subsection (6) of that section.

(2) A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 7 years who, with knowledge of a witness anonymity order made under section 13C, intentionally contravenes paragraph (c) or paragraph (e) of subsection (6) of that section.

(3) If a person contravenes paragraph (b) or paragraph (d) of section 13B(6) or paragraph (c) or paragraph (e) of section 13C(6), and that contravention does not constitute an offence against subsection (1) or subsection (2) of this section, the person commits an offence and is liable on summary conviction,—

• (a) In the case of an individual, to a fine not exceeding $2,000:

• (b) In the case of a body corporate, to a fine not exceeding $10,000.

(4) Nothing in this section limits the power of any Court to punish any contempt of Court.

The Court shall forbid any question it regards as—

• (a) Indecent or scandalous, although such question may have some bearing on the case before the Court, unless the question relates to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed; or

• (b) Intended to insult or annoy, or needlessly offensive in form, notwithstanding that such question may be proper in itself.

(1) It shall not be lawful for any person to print or publish any question or inquiry or evidence given which the Court—

• (a) Has forbidden or disallowed under any provision of this Act; or

• (b) Has warned the witness he is not obliged to answer, and has ordered shall not be published.

(2) Every person who prints or publishes any question or inquiry or evidence in breach of this section commits a contempt of Court.

(1) In any proceedings in any Court, or before any Justices or the Community Magistrate or Community Magistrates, for the breach of any Act relating to—

• (a) [Repealed]

• (b) Stamp duties; or

• (c) The public revenues; or

• (d) The sale of intoxicating liquors; or

• (e) Distillation; or

• (f) Beer duty,—

or in any proceeding brought by or on behalf of or against the Crown under or in pursuance of the provisions of any such Act, the Judge or the Justices or the Community Magistrate or Community Magistrates may require any person to be examined as a witness.

(2) A person so required to be examined as aforesaid shall not be excused from being so examined, or from answering any question put to him touching any such breach as aforesaid, on the ground that this evidence will tend to incriminate him.

(3) If any such person refuses to be examined, or to answer any such question as aforesaid, he shall be deemed to be a witness appearing under subpoena and refusing without lawful cause or excuse to be sworn or to give evidence.

(1) Every person required to be examined as aforesaid in any Court, or before Justices, or before any Community Magistrate or Community Magistrates, touching any such breach as aforesaid, who on such examination makes to the best of his knowledge true and faithful discovery of all matters whereon he is so examined touching such breach, and thereby gives evidence tending to incriminate himself, shall, on application, receive from the Judge or Justices or Community Magistrate or Community Magistrates before whom he is examined a certificate in writing under his or their hands that he has made such true and faithful discovery as aforesaid.

(2) If such person receives such certificate (but not otherwise) he shall be freed from all criminal prosecutions and penal actions, and from all penalties, forfeitures, and punishments, to which he was liable for anything done before that time in respect of the matters touching which he is so examined.

(1) It is not necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may be proved as if there had been no attesting witness thereto.

(2) In any District Court a deed may be proved and given in evidence in the same manner as a document that does not require attestation.

Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine may be made by witnesses, and such writings and the testimony of witnesses respecting the same may be submitted to the Court and jury as evidence of the genuineness or otherwise of the writing in dispute.

A confession tendered in evidence in any criminal proceeding shall not be rejected on the ground that a promise or threat or any other inducement (not being the exercise of violence or force or other form of compulsion) has been held out to or exercised upon the person confessing, if the Judge or other presiding officer is satisfied that the means by which the confession was obtained were not in fact likely to cause an untrue admission of guilt to be made.

Notwithstanding the rule against the admissibility of previous consistent statements, where a witness for the prosecution gives evidence identifying the accused as a person whom he saw in the circumstances of the offence, any description of the offender given to the Police or the prosecutor by the witness before the witness's first identification of the accused shall be admissible as evidence tending to show that the witness's identification of the accused is consistent with his previous description of the offender.

Where in any criminal proceeding there is a question whether poison was administered or attempted to be administered by or by the procurement of the accused person, evidence tending to prove the administration or attempted administration by or by the procurement of the accused, whether to the same or to another person, and whether at the same time as the time when the offence charged was committed or at any other time or times, shall be deemed to be relevant to the general issue of Guilty or Not guilty, and shall be admissible at any stage of the proceedings, as well for the purpose of proving the administration or attempted administration by or by the procurement of the accused as for the purpose of proving the intent.

(1) For the purposes of this section, cases of a sexual nature means proceedings in which a person is charged with, or is to be sentenced for, any of the following offences:

• (a) Any offence against any of the provisions of sections 128 to 142A of the Crimes Act 1961:

• (aa) Any offence against section 144A of the Crimes Act 1961:

• (b) Any other offence against the person of a sexual nature:

• (c) Being a party to the commission of any offence referred to in paragraph (a) or paragraph (aa) or paragraph (b) of this subsection:

• (d) Conspiring with any person to commit any such offence.

(2) In any case of a sexual nature, no evidence shall be given, and no question shall be put to a witness, relating directly or indirectly to—

• (a) The sexual experience of the complainant with any person other than the accused; or

• (b) The reputation of the complainant in sexual matters,—

except by leave of the Judge.

(3) The Judge shall not grant leave under subsection (2) of this section unless the Judge is satisfied that the evidence to be given or the question to be put is of such direct relevance to—

• (a) Facts in issue in the proceeding; or

• (b) The issue of the appropriate sentence,—

as the case may require, that to exclude it would be contrary to the interests of justice:

Provided that any such evidence or question shall not be regarded as being of such direct relevance by reason only of any inference it may raise as to the general disposition or propensity of the complainant in sexual matters.

(4) Notwithstanding subsection (2) of this section, leave shall not be required—

• (a) To the giving of evidence or the putting of a question for the purpose of contradicting or rebutting evidence given by any witness, or given by any witness in answer to a question, relating directly or indirectly, in either case, to—

  • (i) The sexual experience of the complainant with any person other than the accused; or

  • (ii) The reputation of the complainant in sexual matters; or

• (b) Where the accused is charged as a party, and cannot be convicted unless it is shown that a person other than the accused committed an offence referred to in subsection (1) of this section against the complainant, to the giving of evidence or the putting of a question relating directly or indirectly to the sexual experience of the complainant with that other person.

(5) An application for leave under subsection (2) of this section—

• (a) May be made from time to time, whether before or after the commencement of the proceeding; and

• (b) If made in the course of a proceeding before a jury, shall be made and dealt with in the absence of the jury; and

• (c) If the accused or the accused's counsel so requests, shall be made and dealt with in the absence of the complainant.

(6) Nothing in this section shall authorise evidence to be given or questions to be put that could not be given or put apart from this section.

(1) This section applies to proceedings in which a person is charged with, or is to be sentenced for, any offence specified in section 23A(1) of this Act.

(2) In any proceedings to which this section applies, the following provisions shall apply:

• (a) Except where leave is given under paragraph (c) of this subsection, the complainant shall not be required to state his or her address or occupation in Court:

• (b) Except where leave is given under paragraph (c) of this subsection, no barrister, solicitor, officer of the Court, or other person involved in the proceedings shall state the address or occupation of the complainant in Court:

• (c) No oral evidence shall be given, and no question shall be put to a witness, relating to the address or occupation of the complainant except by leave of the Judge.

(3) The Judge shall not grant leave under subsection (2) of this section unless the Judge is satisfied that the evidence to be given or the question to be put is of such direct relevance to facts in issue that to exclude it would be contrary to the interests of justice.

(4) An application for leave under subsection (2) of this section—

• (a) May be made from time to time, whether before or after the commencement of any hearing or other proceeding; and

• (b) Shall, where practicable, be made and dealt with in chambers.

(1) Where any person is tried for an offence against any of sections 128 to 144A of the Crimes Act 1961 or for any other offence against the person of a sexual nature, no corroboration of the complainant's evidence shall be necessary for that person to be convicted; and in any such case the Judge shall not be required to give any warning to the jury relating to the absence of corroboration.

(2) If, in any such case, the Judge decides to comment on the absence of any evidence tending to support any other evidence, no particular form of words shall be required.

Where, during the trial of any person for an offence against any of sections 128 to 144A of the Crimes Act 1961 or for any other offence against the person of a sexual nature, evidence is given or a question is asked or a comment is made that tends to suggest an absence of complaint in respect of the alleged offence by the person upon whom the offence is alleged to have been committed, or to suggest delay by that person in making any such complaint, the Judge may tell the jury that there may be good reasons why the victim of such an offence may refrain from or delay in making such a complaint.

(1) Notwithstanding anything in section 25 of the Misuse of Drugs Amendment Act 1978, where any member of the Police intercepts any private communication by means of an interception device in proper reliance on section 216B(3) of the Crimes Act 1961, evidence so obtained of that communication, or of its substance, meaning, or purport, shall, subject to subsection (2) of this section, be admissible in evidence—

• (a) In any criminal proceeding in which a charge is brought against any person involved in the emergency:

• (b) In any civil proceeding in which the conduct of any member of the Police involved in the emergency is in issue:

• (c) At any inquiry conducted by a Coroner in respect of the death of any person involved in the emergency:

• (d) Before any inquiry conducted under the Police Act 1958 or the Commissions of Inquiry Act 1908 into the conduct of any member of the Police involved in the emergency.

(2) Subsection (1) of this section shall not render admissible any evidence that is inadmissible by virtue of any enactment, other than the said section 25 of the Misuse of Drugs Amendment Act 1978, or of any rule of law.

Sections 23D to 23I of this Act apply to every case where—

• (a) A person is charged with—

  • (i) Any offence against any of the provisions of sections 128 to 142A of the Crimes Act 1961; or

  • (ia) Any offence against section 144A of the Crimes Act 1961; or

  • (ii) Any other offence against the person of a sexual nature; or

  • (iii) Being a party to the commission of any offence referred to in subparagraph (i) or subparagraph (ia) or subparagraph (ii) of this paragraph; or

  • (iv) Conspiring with any person to commit any such offence; and

• (b) Either—

  • (i) The complainant has not, at the commencement of the proceedings, attained the age of 17 years; or

  • (ii) The complainant is of or over the age of 17 years and is mentally handicapped.

(1) Where, in any case to which this section applies, the accused is committed for trial, the prosecutor shall, before the trial, apply to a Judge of the Court by or before which the indictment is to be tried for directions under section 23E of this Act as to the mode by which the complainant's evidence is to be given at the trial.

(2) The Judge shall hear and determine the application in chambers, and shall give each party an opportunity to be heard in respect of the application.

(3) The Judge may call for and receive any reports from any persons whom the Judge considers to be qualified to advise on the effect on the complainant of giving evidence in person in the ordinary way or in any particular mode described in section 23E of this Act.

(4) In considering what directions (if any) to give under section 23E of this Act, the Judge shall have regard to the need to minimise stress on the complainant while at the same time ensuring a fair trial for the accused.

(1) On an application under section 23D of this Act, the Judge may give any of the following directions in respect of the mode in which the complainant's evidence is to be given at the trial:

• (a) Where a videotape of the complainant's evidence was shown at the preliminary hearing, a direction that the complainant's evidence be admitted in the form of that videotape, with such excisions (if any) as the Judge may order under subsection (2) of this section:

• (b) Where the Judge is satisfied that the necessary facilities and equipment are available, a direction that the complainant shall give his or her evidence outside the courtroom but within the Court precincts, the evidence being transmitted to the courtroom by means of closed circuit television:

• (c) A direction that, while the complainant is giving evidence or is being examined in respect of his or her evidence, a screen, or one-way glass, be so placed in relation to the complainant that—

  • (i) The complainant cannot see the accused; but

  • (ii) The Judge, the jury, and counsel for the accused can see the complainant:

• (d) Where the Judge is satisfied that the necessary facilities and equipment are available, a direction that, while the complainant is giving evidence or is being examined in respect of his or her evidence, the complainant be placed behind a wall or partition, constructed in such a manner and of such materials as to enable those in the courtroom to see the complainant while preventing the complainant from seeing them, the evidence of the complainant being given through an appropriate audio link:

• (e) Where the Judge is satisfied that the necessary facilities and equipment are available, a direction that—

  • (i) The complainant give his or her evidence at a location outside the Court precincts; and

  • (ii) That those present while the complainant is giving evidence include the Judge, the accused, counsel, and such other persons as the Judge thinks fit; and

  • (iii) That the giving of evidence by the complainant be recorded on videotape, and that the complainant's evidence be admitted in the form of that videotape, with such excisions (if any) as the Judge may order under subsection (2) of this section.

(2) Where a videotape of the complainant's evidence is to be shown at the trial, the Judge shall view the videotape before it is shown, and may order excised from the videotape any matters that, if the complainant's evidence were to be given in person in the ordinary way, would be excluded either—

• (a) In accordance with any rule of law relating to the admissibility of evidence; or

• (b) Pursuant to any discretion of a Judge to order the exclusion of any evidence.

(3) Where a videotape of the complainant's evidence is to be shown at the trial, the Judge shall give such directions under this section as the Judge may think fit relating to the manner in which any cross-examination or re-examination of the complainant is to be conducted.

(4) Where the complainant is to give his or her evidence in the mode described in paragraph (b) or paragraph (d) of subsection (1) of this section, the Judge may direct that any questions to be put to the complainant shall be given through an appropriate audio link to a person, approved by the Judge, placed next to the complainant, who shall repeat the question to the complainant.

(5) Where the complainant is to give his or her evidence at a location outside the Court precincts, the Judge may also give any directions under paragraph (c) or paragraph (d) of subsection (1) of this section that the Judge thinks fit.

(6) Where a direction is given under this section, the evidence of the complainant shall be given substantially in accordance with the terms of the direction; but no such evidence shall be challenged in any proceedings on the ground of any failure to observe strictly all the terms of the direction.

(1) Notwithstanding section 354 of the Crimes Act 1961, but subject to the succeeding provisions of this section, the accused shall not be entitled in any case to which this section applies to cross-examine the complainant.

(2) Nothing in subsection (1) of this section nor any direction given under section 23E of this Act shall affect the right of counsel for the accused to cross-examine the complainant.

(3) Where the accused is not represented by counsel, the accused may put questions to the complainant (whether by means of an appropriate audio link or otherwise as the Judge may direct) by stating the questions to a person, approved by the Judge, who shall repeat the questions to the complainant.

(4) No direction given under section 23E of this Act shall affect the right of the Judge to question the complainant.

(5) Where the complainant is being cross-examined by counsel for the accused, or any questions are being put to the complainant by the accused, the Judge may disallow any question put to the complainant that the Judge considers is, having regard to the age of the complainant, intimidating or overbearing.

(1) For the purposes of this section, a person is an expert witness if that person is—

• (a) a medical practitioner whose scope of practice includes psychiatry, practising or having practised in the field of child psychiatry and with experience in the professional treatment of sexually abused children; or

• (b) a psychologist practising or having practised in the field of child psychology and with experience in the professional treatment of sexually abused children.

(2) In any case to which this section applies, an expert witness may give evidence on the following matters:

• (a) The intellectual attainment, mental capability, and emotional maturity of the complainant, the witness's assessment of the complainant being based on—

  • (i) Examination of the complainant before the complainant gives evidence; or

  • (ii) Observation of the complainant giving evidence, whether directly or on a videotape:

• (b) The general development level of children of the same age group as the complainant:

• (c) The question whether any evidence given during the proceedings by any person (other than the expert witness) relating to the complainant's behaviour is, from the expert witness's professional experience or from his or her knowledge of the professional literature, consistent or inconsistent with the behaviour of sexually abused children of the same age group as the complainant.

Where a case to which this section applies is tried before a jury, the following provisions shall apply in respect of the Judge's directions to the jury:

• (a) Where the evidence of the complainant is given in any particular mode described in section 23E of this Act, the Judge shall advise the jury that the law makes special provision for the giving of evidence by child complainants in such cases, and that the jury is not to draw any adverse inference against the accused from the mode in which the complainant's evidence is given:

• (b) The Judge shall not give any warning to the jury relating to the absence of corroboration of the evidence of the complainant if the Judge would not have given such a warning had the complainant been of full age:

• (c) The Judge shall not instruct the jury on the need to scrutinise the evidence of young children generally with special care nor suggest to the jury that young children generally have tendencies to invention or distortion:

• (d) Nothing in paragraph (b) or paragraph (c) of this section shall limit the discretion of the Judge to comment on—

  • (i) Specific matters raised in any evidence during the trial; or

  • (ii) Matters, whether of a general or specific nature, included in the evidence of any expert witness to whom section 23G of this Act applies.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) Prescribing the procedure to be followed, the type of equipment to be used, and the arrangements to be made, where the evidence of a complainant is to be given by videotape:

• (b) Providing for the approval of interviewers or classes of interviewers in such cases, providing for the proof of any such approval to be by production of a certificate and prescribing the form of that certificate, and prescribing the form of certificate by which the interviewer is to formally identify the videotape:

• (c) Providing for the consent of the complainant to being videotaped, and specifying who may give consent on behalf of the complainant:

• (d) Prescribing the uses to which any such videotapes may be put, and prohibiting their use for any other purposes:

• (e) Providing for the safe custody of any such videotapes:

• (f) Providing for such other matters as are contemplated by any of sections 23D to 23H of this Act or as may be necessary for the due administration of those provisions.

Where by any Act any seal or stamp is authorised to be used by any Court, officer, body corporate, or any other person, judicial notice shall be taken of the impression of such seal or stamp without evidence of the same having been impressed or any other evidence relating thereto.

Judicial notice shall be taken by all Courts and persons acting judicially of all Acts of Parliament.

(1) Judicial notice shall be taken by all Courts and persons acting judicially of all regulations.

(2) In subsection (1) and sections 29(3) and 29A, the term regulations—

• (a) Has the same meaning as in section 2 of the Acts and Regulations Publication Act 1989; and

• (b) Includes any instrument that, under section 14 of that Act or section 6A of the Regulations Act 1936, has been printed and published as if it were a regulation.

(1) Every copy of any Act of Parliament or of any Imperial enactment or any Imperial subordinate legislation (as defined in section 2 of the Imperial Laws Application Act 1988), being a copy purporting to be printed or published (whether before or after the commencement of this section) under the authority of the New Zealand Government shall, unless the contrary is shown, be deemed—

• (a) To be a correct copy of that Act of Parliament, enactment, or legislation; and

• (b) To have been so printed or published.

(2) Every copy of any Imperial enactment or Imperial subordinate legislation (as so defined), being a copy purporting to be printed (whether before or after the commencement of this section) by the Queen's or King's Printer or under the superintendence or authority of Her Majesty's Stationery Office in the United Kingdom, shall, unless the contrary is shown, be deemed—

• (a) To be a correct copy of that enactment or legislation; and

• (b) To have been so printed.

(3) Every copy of any regulations (as defined in section 28A(2) of this Act) purporting to be printed whether before or after the commencement of this section under the authority of the New Zealand Government shall, unless the contrary is shown, be deemed—

• (a) To be a correct copy of those regulations; and

• (b) To have been so printed or published; and

• (c) To be evidence that the regulations were notified in the Gazette on the date printed on that copy as the date of their notification in the Gazette.

(1) This section applies to any copy of a reprint of any legislation, where that copy purports to be printed or published (whether before or after the commencement of this section) under the authority of the New Zealand Government.

(2) Unless the contrary is shown, every copy of a reprint to which this section applies is to be taken—

• (a) To be a copy of a reprint that correctly states, as at the date at which it is stated to be reprinted, the law enacted or made by the legislation reprinted and by the amendments (if any) to that legislation; and

• (b) To have been printed or published under the authority of the New Zealand Government.

(2A) To avoid any doubt, the presumption contained in subsection (2) applies to a copy of a reprint in which changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made.

(3) The presumption contained in subsection (2) may be rebutted by the production of the official volume in which the relevant legislation or any amendment to that legislation, as the case requires, is contained.

(4) Subsection (3) does not limit any other means of rebutting the presumption contained in subsection (2).

(5) In this section, unless the context otherwise requires,—

• (a) The terms Imperial enactment and Imperial subordinate legislation have the meaning given to them by section 2 of the Imperial Laws Application Act 1988:

• (b) The term legislation means any Act, Imperial enactment, Imperial subordinate legislation, or regulations:

• (c) The term official volume means any volume containing copies of legislation that are deemed, by any provision of section 29, to be correct copies of that legislation.

All copies of the Journals of the Legislative Council or the House of Representatives, purporting to be printed by the Government Printer or published by order of the House of Representatives, shall be admitted as evidence thereof by all Courts and persons acting judicially, without proof being given that such copies were so printed or published.

All copies of Acts or Ordinances made by the Superintendent and Provincial Council of any former province, and all copies of Proclamations and notifications under any Act or Ordinance of any Legislature made by the Superintendent of any such province, purporting to be printed under the authority of the Government of such province by the printer to such Government, shall be admitted by all Courts and persons acting judicially as evidence of such Acts, Ordinances, Proclamations, and notifications respectively, without proof being given that such copies were so printed.

Subject to section 29(3) of this Act, prima facie evidence of any Proclamation, Order in Council, order, regulation, or other instrument heretofore or hereafter made or issued by the Governor-General or by the Governor-General in Council, and of any order, regulation, or other instrument heretofore or hereafter made or issued by or under the authority of any responsible Minister of the Crown in New Zealand, being a member of the Executive Council, may be given in all Courts and in all legal proceedings in any of the following modes, that is to say:

• (a) By the production of a copy of the Gazette purporting to contain such Proclamation, Order in Council, order, regulation, or other instrument:

• (b) By the production of a copy of such Proclamation, Order in Council, order, regulation, or other instrument purporting to be printed by the Government Printer:

• (c) By the production, in the case of any Proclamation, Order in Council, order, regulation, or other instrument made or issued by the Governor-General or by the Governor-General in Council, of a written copy or extract purporting to be certified by the Clerk of the Executive Council, and, in the case of any order, regulation, or other instrument made or issued by or under the authority of any responsible Minister as aforesaid, of a copy or extract purporting to be certified by such Minister or by any other responsible Minister of the Crown in New Zealand.

No proof shall be required of the handwriting or official position of any person certifying in pursuance of the last preceding section to the truth of any copy of or extract from any Proclamation, Order in Council, order, regulation, or other instrument.

All copies of private and local and personal Acts of the Imperial Parliament, not being public Acts, purporting to be printed by the Queen's printers, and all copies of the Journals of either House of the Imperial Parliament, and of Royal Proclamations, purporting to be printed by the printers to the Crown, or by the printers to either House of the Imperial Parliament, or by any or either of them, shall be admitted as evidence thereof respectively by all Courts and persons acting judicially, without proof being given that such copies were so printed.

Prima facie evidence of any Royal Proclamation, Order of Her Majesty's Privy Council, order, regulation, dispatch, or any other instrument heretofore or hereafter made or issued by Her Majesty, or by Her Majesty's Privy Council, or by or under the authority of any of Her Majesty's Secretaries of State, or any Department of Her Majesty's Government in the United Kingdom, may be given in all Courts and in all legal proceedings by the production of a copy of the New Zealand Gazette purporting to contain a reprint of such Proclamation, Order of the Privy Council, order, regulation, dispatch, or other instrument, or by the production of a copy of such Proclamation, Order of the Privy Council, order, regulation, dispatch, or other instrument purporting to be printed by the Government Printer.

(1) All Proclamations, treaties, and other acts of State of any country, and all judgments, decrees, orders, and other judicial proceedings of any Court of justice in any country, and all affidavits, pleadings, and other legal documents filed or deposited in any such Court, may be proved in any Court in New Zealand or before any person acting judicially, either by examined copies or by copies authenticated in manner following, that is to say:

• (a) If the document sought to be proved be a Proclamation, treaty, or other act of State, the copy must be sealed with the seal of the country to which the original document belongs; and

• (b) If the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any Court, or an affidavit, pleading, or other legal document filed or deposited in any Court, the copy must be sealed with the seal of the Court to which the original document belongs, or, in the event of such Court having no seal, must be signed by one of the Judges of the said Court, who shall attach to his signature a statement in writing on the said copy that the Court whereof he is a Judge has no seal.

(2) Any copy purporting to be sealed or signed as in this section respectively directed shall be admitted in evidence in every case where the original document could have been so admitted, without any proof of the seal where a seal is necessary, or of the signature, or of the truth of the statement attached thereto, where such signature and statement are necessary, or of the judicial character of the person appearing to have made such signature and statement.

Proclamations, international treaties, Orders in Council, and Gazettes of any country, although not proved in the manner provided by the last preceding section, may nevertheless be received in evidence in any Court and by any person acting judicially if such Court or person considers the same to be authentic.

Books purporting to have been printed or published under the authority of the Government of any country, or by the printer to such Government and purporting to contain statutes, Ordinances, or other written laws in force in such country, shall on production be admitted and received by all Courts and persons acting judicially as prima facie evidence of such laws.

Printed books purporting to contain statutes, Ordinances, or other written laws in force in any country although not purporting to have been printed or published by authority as aforesaid, books purporting to contain reports of decisions of Courts or Judges in such country, and textbooks treating of the laws of such country, may be referred to by all Courts and persons acting judicially for the purpose of ascertaining the laws in force in such country; but such Courts or persons shall not be bound to accept or act on the statements in any such books as evidence of such laws.

In sections 37 to 40 of this Act country includes a State, territory, province, or other part of a country.

All Courts and persons acting judicially may, in matters of public history, literature, science, or art, refer, for the purposes of evidence, to such published books, maps, or charts as such Courts or persons consider to be of authority on the subjects to which they respectively relate.

Where by any Act any certificate, official or public document, or document or proceeding of any corporation or company, or any certified copy of any document, bylaw, entry in any register or other book, or any other proceeding, is admissible in evidence of any particular in any Court or before any person acting judicially, or before the House of Representatives, or any Committee of that House, or in any judicial proceeding, the same shall be admitted in evidence, provided they respectively purport to be sealed, or impressed with a stamp, or sealed and signed, or impressed with a stamp and signed, or signed only, as required by the Act rendering any such copy so receivable, without proof of the seal or stamp where a seal or stamp is necessary, or of the signature, or of the official character of the person appearing to have signed the same.

(1) Where any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, but no Act exists rendering its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any Court, or before any person acting judicially, if it be proved to be an examined copy or extract, or purport to be signed or certified as a true copy or extract by the officer to whose custody the original is entrusted.

(2) Such officer shall furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding 3 1/3 cents for every folio of 90 words.

(1) The Governor-General may from time to time, by Order in Council, apply the provisions of this section to any country specified in the Order.

(2) Where the provisions of this section are applied to any country, the registers of that country relating to births, deaths, marriages, and adoptions (by whatever name those registers are called), and such other registers or books of record as may be specified in the Order in Council, shall be deemed to be public registers kept under the law of that country and recognised by the Courts thereof as authentic records, and to be documents of such a public nature as to be admissible as evidence of the matters regularly recorded therein; and the following provisions of this section shall apply.

(3) Subject to any conditions or restrictions specified in the Order, any certified copy of any entry in any such register or book, or any certified extract therefrom, or any certificate relating to any such entry, shall, in any Court or before any person acting judicially, be received—

• (a) In the case of a register relating to births, deaths, marriages, or adoptions, as prima facie evidence of the birth, death, marriage, or adoption to which the copy, extract, or certificate relates:

• (b) In the case of any other register or book, as prima facie evidence of the facts stated in the copy, extract, or certificate.

(4) Subject to any conditions or restrictions specified in the Order, and to any requirements of rules of Court, any document purporting to be such a copy or extract or certificate as aforesaid, and purporting to be certified—

• (a) In the case of a register relating to births, deaths, marriages, or adoptions, by the seal or signature of an official of the country specified in the Order; or

• (b) In the case of any other register or book, in the manner specified in the Order—

shall, for the purposes of subsection (3) of this section, be received in evidence without proof of the seal or signature of the person certifying the document, and without proof of the official or other character of that person.

(5) No document otherwise admissible under this section shall be inadmissible by reason only that it is not authenticated by the process known as legalisation.

(6) In this section, the term country includes any State, territory, province, or other part of a country.

In this section, and sections 45B and 45C,—

A certificate purporting to be signed by the Secretary of Foreign Affairs and Trade, and stating that a country is a contracting State under the Convention that did not raise an objection to New Zealand's accession to the Convention, is sufficient evidence of those matters, unless the contrary is proved.

(1) A Convention certificate placed on, or attached to, a foreign public document is the only formality that a New Zealand authority may require, in relation to the document, as evidence or certification of—

• (a) the authenticity of the signature on the document; and

• (b) the capacity in which the person signing the document has acted; and

• (c) where appropriate, the identity of the seal or stamp that the document bears.

(2) If a foreign public document is not subject to a requirement of legalisation, no New Zealand authority may require, in relation to the document, a Convention certificate as evidence or certification of the matters referred to in subsection (1)(a) to (c).

(3) A New Zealand authority must accept, in relation to a foreign public document, a Convention certificate placed on, or attached to, the document as sufficient evidence or certification of the matters referred to in subsection (1)(a) to (c), unless the contrary is proved.

(4) Subsection (3) does not prevent a New Zealand authority from accepting, in relation to a foreign public document, a lesser formality than a Convention certificate placed on, or attached to, the document as evidence or certification of the matters referred to in subsection (1)(a) to (c).

Where by any Act the Governor-General, or the Governor-General in Council, or a responsible Minister of the Crown in New Zealand, being a member of the Executive Council, or any other person, is authorised or empowered to do, exercise, or perform any act, power, function, or duty, any Gazette purporting to contain a notice of the doing, exercise, or performance of any such act, power, function, or duty shall be prima facie evidence that the same was lawfully done, exercised, or performed.

Where any document has been received in evidence, the Court or person admitting the same may, on the request of any party against whom the same is so received, direct that such document be impounded and kept in the custody of some officer of the Court, or other proper person, until further order.

For the purposes of sections 47B and 47C of this Act, bank means—

• (a) A registered bank within the meaning of section 2 of the Reserve Bank of New Zealand Act 1989:

• (b) The Reserve Bank of New Zealand:

• (c) Any other person carrying on in New Zealand the business of banking.

(1) Subject to this section, a copy of any entry in the banking records of a bank is admissible as prima facie evidence of such entry and of the matters, transactions, and accounts recorded in those records.

(2) No such copy shall be received in evidence under this section unless it is proved—

• (a) That the record was, at the time of the making of the entry, one of the ordinary banking records of the bank; and

• (b) That the entry was made in the usual and ordinary course of banking business; and

• (c) That the record is in the custody or control of the bank; and

• (d) Where the record is of information that is not in written form and is recorded or stored by means of a computer or other electronic device or by other means, that the copy has been produced in the usual and ordinary course of producing such copies and is an accurate extract from the information so recorded or stored; and

• (e) Where the record is of information recorded or stored in written form, that the copy has been compared with the original entry or with a copy made in accordance with section 156A(4) of the Reserve Bank of New Zealand Act 1989, as the case may be, and is correct.

(3) A certificate purporting to be signed by an officer of the bank that the requirements of subsection (2) of this section have been complied with is prima facie evidence that those requirements have been complied with.

Except pursuant to an order of a Court made for special cause, in any legal proceedings to which the bank is not a party, an officer of a bank is not compellable—

• (a) To produce any banking record of the bank the contents of which can be proved pursuant to section 47B of this Act; or

• (b) To appear as a witness to prove the matters, transactions, and accounts recorded in those records.

For the purposes of sections 48A to 48F of this Act—

(1) Where any civil or criminal proceedings (not being criminal proceedings of a political character) are pending before any overseas Court of competent jurisdiction, and that Court is desirous of obtaining the testimony in relation to those proceedings of any witness in New Zealand, the High Court or a Judge thereof may order the examination of the witness upon oath, upon interrogatories, or otherwise, before any person named in the order.

(2) Such an order may be made upon the application, in accordance with the rules of the High Court of New Zealand, of the agents in New Zealand of the parties to the proceeding before the overseas Court or, subject to those rules, upon the application of the Solicitor-General.

(3) The Court or Judge may by the same or any subsequent order, or any other Judge may by any subsequent order, require the attendance of any person named in the order for the purpose of being examined, or the production of any document mentioned in the order, and may give such directions as to the time, place, and manner of the examination, and all other matters connected therewith, as it or he thinks just.

(4) Any order made under this section may be enforced in the same manner as if it were an order made by the Court or Judge in proceedings pending in the Court or before the Judge.

(1) The Judge usually exercising the jurisdiction of the Court in any place, or if there is more than one such Judge the Chief Justice or the senior Judge at that place, as the case may be, may authorise the Registrar of the Court in that place to exercise the powers of the Court under subsections (1) to (3) of section 48A of this Act, either generally or in respect of any particular case or class of case. Any such authorisation may be revoked at any time.

(2) Where any matter in respect of which he has jurisdiction under any such authorisation appears to the Registrar to be one of special difficulty he may refer the matter to a Judge who may dispose of the matter or may refer it back to the Registrar with such directions as he thinks fit.

(3) Nothing in this section shall prevent the exercise by any Judge of any jurisdiction or powers conferred on any Registrar under this section.

(1) Evidence that any civil or criminal proceedings are pending in an overseas Court and that the Court is desirous of obtaining in relation thereto the testimony of the witness to whom the application relates may be given by Letter of Request, commission rogatoire, or other document issued by that Court, or by the certificate of an overseas representative given in accordance with subsection (3) of this section, or by such other means as the High Court or a Judge thereof may accept.

(2) Any Letter of Request, commission rogatoire, or other document purporting to be sealed with the seal of any overseas Court or signed by a Judge or other judicial officer or by a Registrar or other officer of the Court shall for the purposes of this section and section 48A of this Act be received in evidence without proof of the seal of the Court or of the signature of the Judge or other person, or of the judicial or official character of the Judge or other person.

(3) A certificate purporting to be signed by an overseas representative to the effect that any matter in relation to which an application is made under section 48A of this Act is a civil or criminal proceeding pending in a Court having jurisdiction in the proceeding in the country of which he is a representative and that the Court is desirous of obtaining the testimony of the witness to whom the application relates, shall be sufficient evidence of the matters so certified.

(4) A certificate made under subsection (3) of this section shall be received in evidence without proof of the signature of the person who signed the certificate and without proof of the official character of that person.

(1) Every person examined pursuant to an order made under section 48A of this Act shall have the same right to refuse to answer any question, whether on the ground that his answer might tend to incriminate him, or on the ground of privilege, or on any other ground whatsoever, as if the proceedings were pending in the High Court.

(2) No person examined pursuant to any such order shall be compelled to produce any document that he could not be compelled to produce if the proceedings were pending in the High Court.

Every witness required to attend for examination pursuant to an order made under section 48A of this Act shall be entitled to a sum for his allowances and travelling expenses and loss of time in accordance with the scale prescribed for the time being by regulations made under the Summary Proceedings Act 1957.

(1) In this section—

(2) It shall be lawful for any solicitor of the High Court of New Zealand to take the affidavit or declaration of any person in relation to any proceedings, whether civil or criminal, which are certified in accordance with this section to be pending in any overseas Court.

(3) Every such affidavit or declaration shall be intituled “In the matter of section 48F of the Evidence Act 1908”, and every such declaration shall be expressed to be made pursuant to the provisions of this section.

(4) No such affidavit or declaration shall be taken unless the solicitor taking it has received a written certificate—

• (a) From the overseas Court that the affidavit or declaration is required for the purpose of proceedings pending in the Court; or

• (b) From an overseas representative of the country in which the overseas Court exercises jurisdiction that he believes the affidavit or declaration to be required for the purpose of proceedings pending in the overseas Court.

(5) A certificate for the purposes of paragraph (a) of subsection (4) of this section may be given by any Judge or judicial officer of the overseas Court, or by any Registrar or other officer of that Court.

(6) Where a certificate is given pursuant to paragraph (b) of subsection (4) of this section, the jurat or attestation of the affidavit or declaration shall state the name and official designation of the overseas representative on whose certificate the affidavit or declaration has been taken.

(7) Every such affidavit or declaration shall be deemed to have been made in a judicial proceeding within the meaning of the Crimes Act 1961, and any person who falsely makes any such affidavit or declaration shall be guilty of perjury or of making a false declaration accordingly.

(8) In any prosecution in respect of any such affidavit or declaration it shall be conclusively presumed that proceedings were actually pending in the overseas Court and that a certificate was given in accordance with subsection (4) of this section.

In sections 48H and 48I of this Act, unless the context otherwise requires,—

Notwithstanding anything in this Act or any other Act or rule of law, no Court in New Zealand shall make an order giving effect to a request issued by or on behalf of a foreign authority for the production of any document or any evidence of the contents of any document if the Attorney-General certifies in writing that the request infringes the jurisdiction of New Zealand or is otherwise prejudicial to the sovereignty of New Zealand, or is likely to be prejudicial to the trading, commercial, or economic interests of New Zealand.

(1) This section applies in any case where the Attorney-General is satisfied that—

• (a) A foreign authority is exercising or is proposing to exercise any jurisdiction or power of a kind or in a manner that infringes or is prejudicial to the sovereignty of New Zealand; or

• (b) It is desirable for the purpose of protecting the trading, commercial, or economic interests of New Zealand that an order be made under subsection (2) of this section; or

• (c) Any request or direction made by a foreign authority for the production of any document is for purposes other than those of any civil or criminal proceedings already instituted in any country outside New Zealand; or

• (d) Any such request or direction is made wholly or principally for the purpose of the discovery of documents before the trial of any proceedings in any such country other than civil or criminal proceedings already instituted.

(2) In any case to which this section applies, the Attorney-General may, by order in writing under his hand, prohibit—

• (a) The production in, or for the purposes of, a foreign authority of any document that, at the time of the making of the order or at any time while the order remains in force, is in New Zealand; or

• (b) The doing of any act in New Zealand, in relation to any document that, at the time of the making of the order or at any time while the order remains in force, is in New Zealand, with the intention that the act will result, or where there is reason to believe that the act will result, in the document, or evidence of the contents of the document, being produced or given in, or for the purposes of, a foreign authority; or

• (c) The giving by a person, at a time when he is a New Zealand citizen or is a resident of New Zealand, of evidence before a foreign authority in relation to, or to the contents of, any document that, at the time of the making of the order or at any time while the order is in force, is in New Zealand,—

except with the written consent of the Attorney-General or as is permitted in the order, and on such conditions as the Attorney-General may specify.

(3) An order under this section may—

• (a) Be directed to a particular person, or to a particular class of persons, or to persons generally:

• (b) Relate to a particular foreign authority, or to a particular class of foreign authorities, or to foreign authorities generally:

• (c) Relate to a particular document, or to a particular class of documents.

(4) An order under this section—

• (a) Shall be published in the Gazette; and

• (b) If it is directed to a particular person, shall be served on that person in accordance with rules of Court.

(5) Every order made under this section shall have effect according to its tenor notwithstanding anything in this Act or any other Act or rule of law.

(1) Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply in any respect with an order made under section 48I of this Act.

(2) Every person who commits an offence against this section is liable on summary conviction—

• (a) In the case of an individual, to imprisonment for a term not exceeding 3 months or a fine not exceeding $1,000:

• (b) In the case of a body corporate, to a fine not exceeding $5,000:

(3) A person who is neither a citizen of New Zealand nor a body corporate incorporated in New Zealand shall not be guilty of an offence under this section by reason of anything done outside New Zealand.

(4) No proceedings for an offence against this section shall be instituted without the consent of the Attorney-General.