Questioning

Evidence Act 2006    Westlaw    Lexis Nexis


Some Relevant Authority

s 89  Ordinary way of giving evidence:  R v M (CA259/2007) [2008] NZCA 358.

s 90 Use of documents in questioning witness or refreshing memory:  Rongonui v R [2010] NZSC 92.

s 92  Cross-examination duties:  R v K (CA 531/07) [2009] NZCA 97.

s 94  Cross-examination by party of own witness
In any proceeding, the party who calls a witness may, if the Judge determines that the witness is hostile and gives permission, cross-examine the witness to the extent authorised by the Judge.

s 4 hostile, in relation to a witness, means that the witness—

(a)  exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or

(b)  gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or

(c)  refuses to answer questions or deliberately withholds evidence

s 96  Cross-examination on previous statements of witnesses:  R v Davidson [2008] NZCA 410.

s 97  Re-examination:  R v E (CA 308/06) [2007] NZCA 404.

Updated on June 7, 2021

Was this article helpful?

Related Articles

Need Help?
Click the button below to get in touch
CONTACT US