Sexual Violence Legislation Bill

Hon Andrew Little

Sexual Violence Legislation Bill

Government Bill

185—1

Contents

Explanatory note
1Title
2Commencement
3Amendments to Evidence Act 2006
4Section 4 amended (Interpretation)
5New section 4A inserted (Transitional, savings, and related provisions)
4ATransitional, savings, and related provisions
6Section 36 amended (Application of subpart to evidence of veracity and propensity)
7Section 40 amended (Propensity rule)
8Sections 44 and 44A replaced
44Evidence of sexual experience or sexual disposition of complainants in sexual cases
44AAEvidence of sexual reputation of complainants in sexual cases
44AApplication to offer evidence or ask questions about sexual experience or sexual disposition or sexual reputation of complainants in sexual cases
9Section 85 amended (Unacceptable questions)
10Section 99 amended (Witnesses recalled by Judge)
11Section 102 replaced (Application)
102General provisions are subject to provisions for specific situations
12Section 106 amended (Video record evidence)
13Section 106A replaced (Giving of evidence by family violence complainants)
106AASections 106A and 106B apply to family violence complainants
106AGiving of evidence by family violence complainants
14New sections 106C to 106J and cross-heading inserted
106CSections 106D to 106J apply to sexual case complainants or propensity witnesses
106DGiving of evidence by sexual case complainants or propensity witnesses
106EApplication by prosecutor for sexual case complainant or propensity witness who is child to give evidence in ordinary way
106FApplication by any other party for sexual case complainant or propensity witness to give evidence in ordinary way or different alternative way
106GDirection that sexual case complainant’s or propensity witness’s cross-examination evidence not be given by video record made before trial
106HFurther cross-examination if all evidence of sexual case complainant or propensity witness has been or is to be given by video record made before trial
106IVideo record evidence: sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial
106JMaking of video record of sexual case complainant’s or propensity witness’s evidence given at trial and not given by video record made before trial
15New section 107AA inserted (Sections 107 to 107B apply to child witnesses)
107AASections 107 to 107B apply to child witnesses
16New section 126A inserted (Judicial directions about misconceptions arising in sexual cases)
126AJudicial directions about misconceptions arising in sexual cases
17New Schedule 1AA inserted
18Amendments to Victims’ Rights Act 2002
19Section 4 amended (Interpretation)
20New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
21Section 19 amended (Form and verification of information ascertained)
22Section 22A replaced (Victim impact statement may be presented to court in some other manner)
22AVictim impact statement may be presented to court in some other manner
23New Part 2A inserted
28ASection 28D applies only to individual victims who are sexual case complainants
28DCourt may be cleared when victim impact statement read or otherwise presented to court
24New sections 28A to 28C inserted
28ASections 28B to 28D apply only to individual victims, or all victims, who are sexual case complainants
28BVictim’s preferences on ways of giving evidence
28CAvailability of appropriate facilities when attending court
25Section 53 amended (Amendments)
26New Schedule 1AA inserted
27Schedule heading amended
28Amendments to Criminal Procedure Act 2011
29Section 196 amended (Court proceedings generally open to public)
30New section 199AA inserted (Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature)
199AACourt may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature
31Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
32Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
33Schedule 1AA amended

The Parliament of New Zealand enacts as follows: