1	Title
2	Commencement
	Part 1 Amendments to Evidence Act 2006
3	Principal Act
4	Section 4 amended (Interpretation)
5	Section 102 amended (General provisions are subject to provisions for specific situations)
6	New sections 106BA to 106BC and cross-heading inserted
		Giving of family violence evidence by witnesses in Family Court proceedings
	106BA	Sections 106BB and 106BC apply to witnesses giving family violence evidence in Family Court proceedings
	106BB	Giving family violence evidence in Family Court proceedings
	106BC	Direction that family violence evidence be given in ordinary way or different alternative way
7	Schedule 1AA amended
	Part 2 Amendments to Family Court Rules 2002
8	Principal rules
9	New rule 7A inserted (Transitional, savings, and related provisions)
	7A	Transitional, savings, and related provisions
10	Rule 48 amended (Evidence at hearing generally to be by affidavit)
11	Rule 54 amended (Ascertaining wishes or views of child or young person)
12	Rule 299 amended (Evidence at hearing of certain proceedings generally to be given orally)
13	New Schedule 1AA inserted
	Schedule 1 New Part 3 inserted into Schedule 1AA of Evidence Act 2006
	Schedule 2 New Schedule 1AA inserted into Family Court Rules 2002
	Legislative history
	Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025.

2 Commencement

This Act comes into force on 26 February 2026.

Section 2: editorial change made by the PCO, on 8 October 2025, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).

Part 1 Amendments to Evidence Act 2006

3 Principal Act

This Part amends the Evidence Act 2006.

4 Section 4 amended (Interpretation)

In section 4(1), insert in their appropriate alphabetical order:

Family Court proceeding, in sections 106BA to 106BC, includes a proceeding in the District Court under—

(a)

section 15 of the Family Court Act 1980; or

(b)

section 151 of the Oranga Tamariki Act 1989

family violence evidence, in sections 106BA to 106BC, in relation to a witness, means evidence—

(a)

given or to be given by the witness orally in a Family Court proceeding (whether evidence in chief, evidence given in cross-examination, or evidence in re-examination given about matters arising out of evidence given in cross-examination); and

(b)

of family violence that the witness experienced as a person against whom the family violence was inflicted; and

(c)

that is not a Police video record—

(i)

of an interview with the witness; and

(ii)

made under regulations made under section 201 to be offered by the prosecution as the witness’s evidence in chief in a criminal proceeding under section 106; and

(iii)

that a Family Court Judge under those regulations orders access to, or disclosure of, for a Family Court proceeding; and

(d)

that is not the wishes or views of a child or young person ascertained by the court or Judge (at, or apart from, any hearing of any application or proceeding) under any Act or rules of court

5 Section 102 amended (General provisions are subject to provisions for specific situations)

After section 102(a), insert:

(aa)

sections 106BA to 106BC (which relate to witnesses giving family violence evidence in Family Court proceedings):

6 New sections 106BA to 106BC and cross-heading inserted

After section 106B, insert:

Giving of family violence evidence by witnesses in Family Court proceedings

106BA Sections 106BB and 106BC apply to witnesses giving family violence evidence in Family Court proceedings

Sections 106BB and 106BC apply to a witness who is to give or is giving family violence evidence in a Family Court proceeding.

106BB Giving family violence evidence in Family Court proceedings

(1)

A witness in a Family Court proceeding who is to give or is giving family violence evidence is entitled to give evidence in 1 or more alternative ways so that—

(a)

the witness gives evidence in either or both of the following ways:

(i)

while in the courtroom but unable to see 1 or more other persons to whom the evidence relates (for example, another witness, a party or another party to the proceeding, or both):

(ii)

from an appropriate place outside the courtroom, either in New Zealand or elsewhere:

(b)

by use of any appropriate practical and technical means the Judge and any lawyers can see and hear the witness giving evidence, in accordance with any regulations made under section 201:

(c)

the parties can see and hear the witness, unless the Judge directs otherwise.

(2)

A witness who gives evidence of any kind in one way is entitled to give the other parts of their evidence in 1 or more other ways.

(3)

Any party intending to call a witness in a Family Court proceeding who will give family violence evidence must provide every other party and the court with a written notice stating the 1 or more ways in which the witness will give their evidence (which may be or include the ordinary way).

(4)

Unless a Judge permits otherwise, the notice required under subsection (3) must be given—

(a)

as early as practicable; and

(b)

in any event, no later than 28 days before the hearing.

(5)

If a party has given notice under subsection (3) and it is no longer possible or desirable for the witness to give evidence by the means stated in the notice, the party—

(a)

may file an amended notice; but

(b)

must do so as early as practicable.

106BC Direction that family violence evidence be given in ordinary way or different alternative way

(1)

Despite section 106BB, if a notice given under section 106BB(3) states that a witness is to give all or any part of their evidence in an alternative way, the Judge may give a direction that the witness give evidence or that part of their evidence—

(a)

in the ordinary way under section 83; or

(b)

in a different alternative way under section 106BB.

(2)

A direction under subsection (1) may be made—

(a)

on an application made by any other party; or

(b)

on the Judge’s own initiative.

(3)

An application for a direction under subsection (1) must be made—

(a)

as early as practicable before the hearing; or

(b)

at a later time permitted by a Judge.

(4)

Before giving a direction under this section, the Judge—

(a)

must give each party an opportunity to be heard in chambers; and

(b)

may call for and receive a report, from any person considered by the Judge to be qualified to advise, on the effect on the witness of giving evidence in the ordinary way or any alternative way.

(5)

When considering whether to give a direction under this section, the Judge must, in addition to any other matter that the Judge considers relevant, have regard to—

(a)

whether the interests of justice require a departure from the usual procedure under section 106BB(1) in the particular case; and

(b)

the matters in section 103(3) and (4).

7 Schedule 1AA amended

In Schedule 1AA,—

(a)

insert the Part set out in Schedule 1 of this Act as the last Part; and

(b)

make all necessary consequential amendments.

Part 2 Amendments to Family Court Rules 2002

8 Principal rules

This Part amends the Family Court Rules 2002 (the principal rules).

9 New rule 7A inserted (Transitional, savings, and related provisions)

After rule 7, insert:

7A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

10 Rule 48 amended (Evidence at hearing generally to be by affidavit)

Replace rule 48(1) and (2) with:

General rule: evidence in support of party’s case must be given by affidavit

(1)

Evidence given in support of a party’s case at any hearing of an application must be given by affidavit (see section 83(1)(c)(i) of the Evidence Act 2006).

Exception: judicial direction that relevant evidence be given orally

(2)

Subclause (1) does not apply if a Judge, on their own initiative or on an interlocutory application for the purpose, directs that some or all of the evidence may be given orally.

Exception: proceedings under Oranga Tamariki Act 1989

(3)

In proceedings under the Oranga Tamariki Act 1989, the application of this rule is, as provided in rules 18(3) and 239(2), modified by rule 299 (evidence at hearing of certain proceedings generally to be given orally).

Witness’s entitlement to give family violence evidence in alternative way

(4)

Sections 106BB and 106BC of the Evidence Act 2006 apply to a witness who is to give or is giving family violence evidence in a Family Court proceeding (as those terms are defined in section 4(1) of that Act).

11 Rule 54 amended (Ascertaining wishes or views of child or young person)

In rule 54, after “the wishes”, insert “or views”.

12 Rule 299 amended (Evidence at hearing of certain proceedings generally to be given orally)

Replace rule 299(1) to (3) with:

General rule: for certain applications, evidence must be given orally

(1)

Evidence must be given orally at the hearing of proceedings (other than interlocutory proceedings) on an application—

(a)

for a care or protection order under section 68 of the Act; or

(b)

under section 125 of the Act.

Exception: court order that evidence be given by affidavit or in another form

(2)

However, the court may, at any stage of the proceedings, order that certain evidence be given by affidavit or in another form that it directs.

Relationship of rule with other rules and orders

(3)

This rule, as provided in rules 18(3) and 239(2), modifies the application of rule 48 (evidence at hearing generally to be by affidavit), but nothing in this rule affects—

(a)

an order made under rule 170 (pre-hearing rulings on evidence):

(b)

rule 171 (evidence by deposition: District Court Rules 2014 apply):

(c)

rule 172 (taking evidence outside New Zealand: District Court Rules 2014 apply).

Witness’s entitlement to give family violence evidence in alternative way

(4)

13 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 2 of this Act as the first schedule to appear after the last rule of the principal rules.

Schedule 1 New Part 3 inserted into Schedule 1AA of Evidence Act 2006

s 7

Part 3 Provision relating to Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025

4 Proceedings affected by Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025

(1)

Amendments made by a provision of the Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 (except for this clause) apply only to proceedings commenced on or after the commencement of that provision.

(2)

Proceedings commenced before that commencement, and not finally determined (including any rehearing or appeal) before that commencement, continue as if those amendments had not been enacted.

Schedule 2 New Schedule 1AA inserted into Family Court Rules 2002

s 13

Schedule 1AA Transitional, savings, and related provisions

r 7A

Part 1 Provision relating to Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025

1 Proceedings affected by Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025

(1)

(2)

Proceedings commenced before that commencement, and not finally determined (including any rehearing or appeal) before that commencement, continue as if those amendments had not been enacted.

Legislative history

5 March 2024		Introduction (Bill 30–1)
6 November 2024		First reading and referral to Justice Committee
19 May 2025		Reported from Justice Committee (Bill 30–2)
16 July 2025		Second reading
30 July 2025		Committee of the whole House
20 August 2025		Third reading
26 August 2025		Royal assent

This Act is administered by the Ministry of Justice.

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Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025