1: Title
This Act is the Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council.
2: However, if this Act is not in force by the day that is 18 months after the date on which it receives the Royal assent, it comes into force on that day.
1: Amendments to Smoke-free Environments Act 1990
3: Principal Act
This Part amends the Smoke-free Environments Act 1990 principal Act 2018-03-14 Smoke-free Environments Act 1990 Or earlier date by OIC. See section 2.
4: Section 2 amended (Interpretation)
In section 2(1) large retailer
5: Section 3A amended (Purposes of this Act)
1: Replace section 3A(1)(b)
b: to regulate and control the marketing, advertising, and promotion of tobacco products (whether directly, including through the appearance of tobacco products and packages, or through the sponsoring of other products, services, or events) in order to improve public health by—
i: discouraging people from taking up smoking or using tobacco products; and
ii: encouraging people to quit smoking and to stop using tobacco products; and
iii: discouraging people who have quit smoking, or who no longer use tobacco products, from resuming smoking or tobacco use; and
iv: reducing people's exposure to smoke from tobacco products; and
2: Replace section 3A(1)(d)
d: to give effect to certain obligations and commitments that New Zealand has as a party to the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003.
6: Section 21 amended (Purpose of this Part)
After section 21(a)
aa: to require the standardised appearance of tobacco products and packages (including messages and information) for tobacco products in order to—
i: reduce the appeal of smoking and tobacco products, particularly for young people; and
ii: further reduce any social and cultural acceptance and approval of smoking and tobacco products; and
iii: make warning messages and images more noticeable and effective; and
iv: reduce the likelihood of consumers acquiring false perceptions about the harmful effects of tobacco products; and
7: Section 24 amended (Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events)
1: Before section 24(1)
1AA: In this section, non-tobacco article
a: a tobacco product; or
b: a package or container in which a tobacco product is sold or shipped.
2: Replace section 24(1)(a)
a: on any non-tobacco article; or
3: Replace section 24(1)(b)(i)
i: any non-tobacco article; or
4: Replace section 24(2)(a)
a: any non-tobacco article; or
5: In section 24(3) any article, other than a tobacco product or a package or container in which a tobacco product is sold or shipped, any non-tobacco article
8: Cross-heading above section 29AA replaced
Replace the cross-heading above section 29AA Sale and messages and information
9: Section 30A amended (Restrictions on sale of certain tobacco products in small quantities)
1: In section 30A(1) loose cigarettes
2: Repeal section 30A(2)
3: In section 30A(4) subsection (2) or
10: New section 31A inserted (Standardised packaging of tobacco products)
After section 31
31A: Standardised packaging of tobacco products
1: A tobacco product—
a: must comply with regulations under this Part; and
b: if sold or offered for sale,—
i: must be contained in a package; and
ii: must be packaged in a quantity that complies with regulations under this Part.
2: The package for a tobacco product—
a: must comply with section 32(1)
b: other than part of the package that is wrapping or lining, may display the brand or company name for the product, but only in accordance with regulations under this Part; and
c: must comply with regulations under this Part in all other respects.
11: Section 32 amended (Labelling and health messages for tobacco products)
1: Replace the heading to section 32 Messages and information required for tobacco products
2: Replace section 32(1)
1: The package for a tobacco product must comply with the following requirements:
a: the package must display, in accordance with regulations under this Part, as many of the following things as the regulations require:
i: a message relating to—
A: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product:
B: the beneficial effects of stopping the use of the product or of not using the product:
ii: a list of the harmful constituents of the product:
iii: if the product is intended for smoking, a list of the harmful constituents, and their respective quantities, present in the smoke:
iv: whether as part of or in addition to any message about effects, a photograph or picture relating to—
A: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product:
B: the beneficial effects of stopping the use of the product or of not using the product; and
b: if required by the regulations, the package must contain a leaflet with—
i: information (prescribed by the regulations for tobacco products generally, or tobacco products of a class to which the product belongs) relating to—
A: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product:
B: the beneficial effects of stopping the use of the product or of not using the product; and
ii: if the product is intended for smoking, as much of the following information (stated, as the regulations may require, by reference to the class of tobacco product to which the product belongs, or to the product's brand as a tobacco product of any class or variant of a brand of a tobacco product of any class) as the regulations require:
A: a list of the harmful constituents, and their respective quantities, present in the product:
B: a list of the additives, and their respective quantities, present in the product:
C: a list of the harmful constituents, and their respective quantities, present in the smoke.
12: Section 32AA amended (Labelling and health messages for herbal smoking products)
1: Replace the heading to section 32AA Messages and information required for herbal smoking products
2: Replace section 32AA(1)
1: No manufacturer, importer, distributor, or retailer may sell or offer for sale a herbal smoking product unless—
a: the package containing it displays, in accordance with regulations under this Part, as many of the following things as the regulations require:
i: a message relating to—
A: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product:
B: the beneficial effects of stopping the use of the product or of not using the product:
ii: a list of the harmful constituents, and their respective quantities, present in the product:
iii: a list of the constituents, and their respective quantities, present in the product:
iv: a list of the harmful constituents, and their respective quantities, present in the smoke:
v: whether as part of or in addition to any message about effects, a photograph or picture relating to—
A: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product:
B: the beneficial effects of stopping the use of the product or of not using the product; and
b: if required by the regulations, the package containing the product contains a leaflet with as much of the following information as the regulations require:
i: information relating to—
A: the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product:
B: the beneficial effects of stopping the use of the product or of not using the product; and
ii: a list of the harmful constituents, and their respective quantities, present in the smoke.
13: Section 36 amended (Offences in respect of tobacco products and herbal smoking products)
1: Replace paragraphs (a) and (b) in each of section 36(1), (2), (3), and (3A)
a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $600,000; or
b: in the case of a large retailer, to a fine not exceeding $200,000; or
c: in any other case, to a fine not exceeding $50,000.
2: Replace section 36(4)
4: Every manufacturer, importer, distributor, or retailer of tobacco products who distributes or supplies any tobacco product in contravention of section 28(1) commits an offence and is liable,—
a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $600,000; or
b: in the case of a large retailer, to a fine not exceeding $200,000; or
c: in any other case, to a fine not exceeding $50,000.
3: Replace section 36(7A)
7A: Every person commits an offence and is liable to a fine not exceeding $2,000 who, being a manufacturer, importer, distributor, or retailer, sells or offers for sale any cigarettes or tobacco in contravention of section 30A(3).
4: Repeal section 36(9)
14: New sections 36AA and 36AAB inserted
After section 36
36AA: Offence in respect of standardised packaging of tobacco products
1: This section applies to—
a: a person who manufactures, distributes, sells, offers for sale, or otherwise supplies a tobacco product knowing that the product contravenes section 31A(1)
b: a person who distributes, sells, offers for sale, or otherwise supplies a tobacco product in a package knowing that the package contravenes section 31A(2)
c: a person who does the following knowing that a package for a tobacco product contravenes section 31A(2)
i: manufactures, distributes, sells, offers for sale, or otherwise supplies the package; or
ii: packages, or arranges for the packaging of, a tobacco product in the package.
2: The person commits an offence and is liable on conviction,—
a: in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $600,000; or
b: in the case of a large retailer, to a fine not exceeding $200,000; or
c: in any other case, to a fine not exceeding $50,000.
3: However, the person does not commit an offence against this section in relation to a tobacco product or a package for a tobacco product if—
a: the product or package is intended for export; and
b: the product or package has not been sold or supplied at retail, or offered for retail sale, in New Zealand.
4: In proceedings for an offence against this section,—
a: the prosecutor need not assert in the charging document that the exception in subsection (3)
b: the burden of proving that the exception applies is on the defendant.
36AAB: Presumption about large retailer
1: This section applies to proceedings for—
a: an offence against section 36 for which the maximum fine for a large retailer is separately specified:
b: an offence against section 36AA
2: In proceedings for the offence, a defendant who is not a manufacturer, an importer, or a distributor is presumed to be a large retailer unless there is evidence to the contrary.
3: Evidence to the contrary must include financial statements of the defendant that are sufficient to determine whether the defendant is a large retailer.
15: Section 38A amended (Infringement offences)
1: In section 38A infringement offence section 30A(2) or (3), both of which impose section 30A(3), which imposes
2: In section 38A infringement offence
ja: section 36AA(2) section 31A section 31A(1) or (2)
16: Section 39 amended (Regulations)
1: Replace section 39(1)(e)
e: prescribing for the purposes of sections 32(3) and 32AA(3)—
i: the form, size, and content of messages to be displayed on automatic vending machines that dispense tobacco products or on automatic vending machines that dispense herbal smoking products:
ii: the circumstances and manner in which the messages must be displayed:
ea: prescribing for the purposes of section 32AA(1)
i: the form, size, and content of messages and information to be displayed with, on, or in the package for a herbal smoking product:
ii: the photographs and pictures to be displayed as part of or in addition to messages about effects relating to a herbal smoking product:
iii: the circumstances and manner in which the messages, information, photographs, and pictures must be displayed:
2: Repeal section 39(7) to (9)
17: New section 39A inserted (Regulations for standardised packaging (including messages and information))
After section 39
39A: Regulations for standardised packaging (including messages and information)
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing for the purposes of section 31A(1)(a)
b: prescribing for the purposes of section 31A(1)(b)(ii)
c: prescribing for the purposes of section 32(1)
i: the form, size, and content of messages and information to be displayed with, on, or in the package for a tobacco product:
ii: the photographs and pictures to be displayed as part of or in addition to messages about effects relating to a tobacco product:
iii: the circumstances and manner in which the messages, information, photographs, and pictures must be displayed:
d: prescribing for the purposes of section 31A(2)(b)
e: prescribing for the purposes of section 31A(2)(c)
f: providing for any other related matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under subsection (1)(a) or (e)
a: require a tobacco product, or the package for a tobacco product, to be a prescribed size and shape:
b: prohibit a tobacco product, or the package for a tobacco product, from displaying any words or other marks unless they are permitted by section 31A(2)(b)
c: specify types of words or other marks that are permitted to be displayed on a tobacco product or the package for a tobacco product (for example, bar codes or marks used to record manufacturing information or to detect legitimate products or packages):
d: specify requirements for the display of the permitted words or marks, including the circumstances and manner in which the words or marks are to be displayed (for example, the typeface or font, size, colour, and position of the words or marks):
e: prohibit any type of feature from a tobacco product or the package for a tobacco product (for example, any feature designed to promote the product by changing the appearance of the product or package after retail sale or by making a noise or smell).
3: Regulations under subsection (1)(b)
a: may, for example, prescribe the number of cigarettes or the weight of loose tobacco that must be contained in a package; but
b: must not prescribe a quantity that does not comply with section 30A(3).
4: Regulations under subsection (1)
a: requirements or options for all parts of a product or a package (for example, all surfaces of a package must be a consistent drab brown colour with a matt finish):
b: separate requirements or options for different parts of a product or a package (for example, any plastic or other wrapping must be consistently transparent, uncoloured, and unmarked):
c: separate requirements or options for—
i: different classes of tobacco product:
ii: the packages for different classes of tobacco product.
5: In this section,— appearance
a: anything that may affect a person's senses; and
b: any aspect of design, such as shape, size, colour, texture, or material cigarette
a: does not include a cigar; but
b: includes the tobacco product commonly known as a cigarillo loose tobacco
a: tobacco prepared for smoking in hand-rolled cigarettes:
b: pipe tobacco.
18: New section 41BA inserted (Search warrant)
After section 41B
41BA: Search warrant
1: An enforcement officer may apply for a search warrant in respect of any place.
2: The enforcement officer must apply in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012.
3: An issuing officer may issue a search warrant in respect of the place if satisfied that there are reasonable grounds—
a: to suspect that an offence has been, is being, or will be committed against this Act; and
b: to believe that there is evidential material in the place.
4: The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.
5: In this section, evidential material issuing officer
19: New Part 3 inserted
After section 41F
3: Transitional provisions for certain amendments
42: Transitional provisions for certain amendments
1: The transitional provisions set out in the Schedule
2: The provisions relate to amendments made to this Act by the Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016
20: New Schedule inserted
After section 42 the Schedule
2: Amendments to other enactments
21: Amendment to Designs Act 1953
1: This section amends the Designs Act 1953
2: In section 51
2: However, the Commissioner may register a design even if its use is restricted or prohibited under the Smoke-free Environments Act 1990. 2018-03-14 Designs Act 1953 Or earlier date by OIC. See section 2.
22: Amendment to Search and Surveillance Act 2012
1: This section amends the Search and Surveillance Act 2012
2: In the Schedule Smoke-free Environments Act 1990 41BA Enforcement officer may obtain and execute search warrant to search for evidential material in relation to suspected offence against Smoke-free Environments Act 1990 All (except sections 118 and 119) 2018-03-14 Search and Surveillance Act 2012 Or earlier date by OIC. See section 2.


Evidence Amendment Act 2016

1: Title
This Act is the Evidence Amendment Act 2016.
2: Commencement
This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council (and 1 or more orders may be made bringing different provisions into force on different dates):
b: 1 July 2017 Section 2(a) brought into force 8 January 2017 Evidence Amendment Act 2016 Commencement Order 2016
1: Amendments to Evidence Act 2006
3: Principal Act
This Part amends the Evidence Act 2006 principal Act OIC LI 2016/293 2017-01-08 Evidence Act 2006 Can be brought into force earlier by OIC (see section 2)
4: Section 4 amended (Interpretation)
1: In section 4(1) child witness veracity section 37 violent case
a: any of the offences listed in section 87(5)(b) of the Sentencing Act 2002; or
b: any other offence of a violent nature against a person
2: In section 4(1) lawyer section 2 of the Law Practitioners Act 1982 section 6 of the Lawyers and Conveyancers Act 2006
5: Section 12A repealed (Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved)
Repeal section 12A
6: Section 16 amended (Interpretation)
In section 16(1) business record business record
a: means a document—
i: that is made—
A: to comply with a duty; or
B: in the course of a business, and as a record or part of a record of that business; and
ii: that is made from information supplied directly or indirectly by a person who had, or may reasonably be supposed by the court to have had, personal knowledge of the matters dealt with in the information he or she supplied; but
b: does not include a Police record that contains any statement or interview by or with an eyewitness, or a complainant, or any other person who purports to have knowledge or information about the circumstances of alleged offending or the issues in dispute in a civil proceeding
7: Section 22 amended (Notice of hearsay in criminal proceedings)
1: In section 22(2)(g) witness ; and
2: After section 22(2)(g)
h: if section 19(1)(b) is relied on, why no useful purpose would be served by requiring the person to be a witness; and
i: if section 22A
8: New section 22A inserted (Admissibility of hearsay statement against defendant)
After section 22
22A: Admissibility of hearsay statement against defendant
In a criminal proceeding, a hearsay statement is admissible against a defendant if—
a: there is reasonable evidence of a conspiracy or joint enterprise; and
b: there is reasonable evidence that the defendant was a member of the conspiracy or joint enterprise; and
c: the hearsay statement was made in furtherance of the conspiracy or joint enterprise.
9: Section 27 amended (Defendants’ statements offered by prosecution)
1: In section 27(1) but not against a co-defendant in the proceeding and is admissible against a co-defendant in the proceeding only if it is admitted under section 22A
2: In section 27(3) (hearsay evidence) except section 22A
3: Repeal section 27(4)
10: Section 30 amended (Improperly obtained evidence)
In section 30(2)(b) but also and
11: Section 35 amended (Previous consistent statements rule)
1: In section 35(1) or subsection (3)
2: Replace section 35(2) and (3)
2: A previous statement of a witness that is consistent with the witness’s evidence is admissible if the statement—
a: responds to a challenge that will be or has been made to the witness’s veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of invention on the part of the witness; or
b: forms an integral part of the events before the court; or
c: consists of the mere fact that a complaint has been made in a criminal case.
12: Section 37 amended (Veracity rules)
1: Replace section 37(3)(b)
b: that the person has been convicted of 1 or more offences that indicate a propensity for a lack of veracity:
2: Replace section 37(5)
5: For the purposes of this Act, veracity
13: Section 38 amended (Evidence of defendant’s veracity)
Replace section 38(2)(a)
a: the defendant has, in court, given oral evidence about his or her veracity or challenged the veracity of a prosecution witness by reference to matters other than the facts in issue; and
14: Section 44 amended (Evidence of sexual experience of complainants in sexual cases)
After section 44(1)
1A: Subsection (1) is subject to the requirements in section 44A
15: New section 44A inserted (Application to offer evidence or ask question about sexual experience of complainant in sexual cases)
After section 44
44A: Application to offer evidence or ask question about sexual experience of complainant in sexual cases
1: An application under section 44(1) must comply with subsections (2) to (5)
a: every other party has waived those requirements; or
b: the Judge dispenses with those requirements.
2: A party who proposes to offer evidence about the sexual experience of a complainant must make a written application and the application must include—
a: the name of the person who will give the evidence; and
b: the subject matter and scope of the evidence.
3: A party who proposes to ask any question about the sexual experience of a complainant must make a written application and the application must include—
a: the name of the person who will be asked the question; and
b: the question; and
c: the scope of the questioning sought to flow from the initial question.
4: If any document is intended to be produced as evidence of the sexual experience of a complainant, the application required under subsection (2)
5: An application must be made and a copy of the application must be given to all other parties—
a: as early as practicable before the case is to be tried so that all other parties are provided with a fair opportunity to respond to the evidence or question:
b: unless a Judge otherwise permits under subsection (6)
6: The Judge may dispense with any of the requirements in subsections (2) to (5)
a: having regard to the nature of the evidence or question proposed to be offered or asked, no party is substantially prejudiced by the failure to comply with a requirement; and
b: compliance was not reasonably practicable in the circumstances; and
c: it is in the interests of justice to do so.
16: Section 45 amended (Admissibility of visual identification evidence)
1: In section 45(3)(b), (c), and (d) and (4)(a), (b), and (c) person to be identified suspect
2: In section 45(4)(e) was reported occurred
17: Section 46A repealed (Caution regarding reliance on identification evidence)
Repeal section 46A
18: Section 50 amended (Civil judgment as evidence in civil or criminal proceedings)
After section 50(1)
1A: Evidence of a decision or a finding of fact by a tribunal is not admissible in any proceeding to prove the existence of a fact that was in issue in the matter before the tribunal.
19: Section 51 amended (Interpretation)
1: In section 51(1) overseas practitioner
c: a person who is, under the laws of a country other than New Zealand or Australia, entitled to undertake work that, in New Zealand, is normally undertaken by a lawyer or a patent attorney.
2: In section 51(3) given, or to be given, to be given
3: Repeal section 51(6)
20: Section 54 amended (Privilege for communications with legal advisers)
1: In section 54(1) A person who requests or
2: In section 54(1)(b)(i) the person requesting or
3: After section 54(1)
1A: The privilege applies to a person who requests professional legal services from a legal adviser whether or not the person actually obtains such services.
4: In section 54(2) patent attorney, requesting or
21: Section 57 amended (Privilege for settlement negotiations or mediation)
1: In the heading to section 57 or mediation , mediation, or plea discussions
2: After section 57(2)
2A: A person who is a party to a criminal proceeding has a privilege in respect of any communication or document made or prepared in connection with plea discussions in the proceeding.
2B: However, the court may order the disclosure of the whole or any part of a communication or document privileged under subsection (2A)
a: the disclosure is necessary for a subsequent prosecution for perjury; or
b: the disclosure is necessary to clarify the terms of an agreement reached, if the terms are later disputed or are ambiguous; or
c: after due consideration of the importance of the privilege and of the rights of a defendant in a criminal proceeding, it would be contrary to justice not to disclose the communication or document or part of it.
3: In section 57(3)(c)(ii) proceeding ; or
4: After section 57(3)(c)
d: the use in a proceeding of a communication or document made or prepared in connection with any settlement negotiations or mediation if the court considers that, in the interests of justice, the need for the communication or document to be disclosed in the proceeding outweighs the need for the privilege, taking into account the particular nature and benefit of the settlement negotiations or mediation.
22: Section 59 amended (Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists)
After section 59(1)
1A: For the purpose of applying subsection (1)(b), there is no privilege under this section in relation to any communication or information (other than any previous medical record or other previous medical information about the person) that is made or obtained for the purpose of the examination or test or for the other purpose concerned.
23: Section 66 amended (Joint and successive interests in privileged material)
Replace section 66(2)
2: On or after the death of a person who has a privilege conferred by any of sections 54 to 57 in respect of a communication, information, opinion, or document, the personal representative of the deceased person or other successor in title to property of the deceased person—
a: is entitled to assert the privilege against third parties; and
b: is not restricted by any of sections 54 to 57 from having access or seeking access to the privileged matter.
24: Section 79 amended (Support persons)
1: After section 79(1)
1A: A child witness, when giving evidence in a criminal proceeding, is entitled to have 1 person, and may, with the permission of the Judge, have more than 1 person, near him or her to give support.
2: After section 79(2)
2A: Subsections (1), (1A)
3: Replace section 79(3)
3: Despite subsections (1), (1A)
a: any person; or
b: a particular person.
4: In section 79(4) complainant or other witness complainant or a child witness or other witness
25: Section 90 amended (Use of documents in questioning witness or refreshing memory)
1: In section 90(1) and (2) section 29 or 30 section 28, 29, or 30
2: After section 90(6)
7: A previous statement of a witness that is consistent with a witness’s evidence is admissible if—
a: the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
b: the statement provides the court with information that the witness is unable to recall.
26: Section 95 amended (Restrictions on cross-examination by parties in person)
Replace section 95(1)
1: A defendant in a sexual case, or a defendant in or a party to criminal or civil proceedings concerning domestic violence or harassment, is not entitled to personally cross-examine—
a: a complainant, or a party who has made allegations of domestic violence or harassment:
b: a child (other than a complainant) who is a witness, unless the Judge gives permission.
27: Section 102 amended (Application)
Replace section 102(a)
a: sections 107 to 107B
28: Section 103 amended (Directions about alternative ways of giving evidence)
After section 103(4)
5: This section is subject to sections 107 to 107B
29: Section 106 amended (Video record evidence)
1: Replace section 106(2)
2: A video record offered by the prosecution as an alternative way of giving evidence must be recorded and dealt with in compliance with any regulations made under this Act.
2: Replace section 106(3)
3: A video record that is to be offered by the prosecution as an alternative way of giving evidence must be offered for viewing by a defendant or his or her lawyer before it is offered in evidence (including prior to any pre-trial consideration of admissibility), unless the Judge directs otherwise.
3: Replace section 106(4)
4: A copy of a video record that is to be offered by the prosecution as an alternative way of giving evidence must be given to a defendant’s lawyer unless subsection (4A) subsection (4A)
4: After section 106(4)
4A: Subject to subsections (4B) and (4C) subsection (4)
a: any child complainant; or
b: any witness (including an adult complainant) in a sexual case or a violent case.
4B: On the application of a defendant, a Judge may order that a copy of a video record or a part of a video record to which subsection (4A)
4C: When considering an application under subsection (4B)
a: whether the interests of justice require departure from the usual procedure under subsection (4A)
b: the nature of the evidence contained on the video record; and
c: the ability of the defendant or his or her lawyer to view the video record under subsection (3)
5: In section 106(6) If any party indicates that the party wishes to object If the defendant indicates he or she wishes to object
6: After section 106(8)
9: To avoid doubt, subsections (3) to (4C)
30: Cross-heading above section 107 replaced
Replace the cross-heading above section 107 Giving of evidence by child witnesses
31: Section 107 replaced (Directions about way child complainants are to give evidence)
Replace section 107
107: Alternative ways of giving evidence by child witnesses in criminal proceedings
1: A child witness, when giving evidence in a criminal proceeding, is entitled to give evidence in 1 or more alternative ways so that—
a: the witness gives evidence in 1 or more of the following ways:
i: by a video record made before the hearing of the proceeding:
ii: while in the courtroom but unable to see the defendant or some other specified person:
iii: 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, the jury (if any), and any lawyers can see and hear the witness giving evidence, in accordance with any regulations made under section 201:
c: the defendant can see and hear the witness, unless the Judge directs otherwise.
2: If a video record is shown as a child witness’s evidence in chief, the witness is entitled to give the other parts of his or her evidence, including any further evidence in chief, in 1 or more other alternative ways.
3: To avoid doubt, section 106 applies to a video record offered as an alternative way of giving evidence under this section.
4: Any party intending to call a child witness must provide every other party and the court with a written notice stating the 1 or more alternative ways in which the witness will give his or her evidence.
5: Unless a Judge permits otherwise, the notice required under subsection (4)
6: If a party has given notice under subsection (4)
7: This section is subject to sections 107A and 107B
107A: Application by party calling child witness for witness to give evidence in ordinary way
1: Despite section 107
2: Unless a Judge permits otherwise, an application under subsection (1)
3: The Judge—
a: may direct that the witness give evidence or any part of his or her evidence in the ordinary way, if satisfied that the witness fully appreciates the likely effect on him or her of doing so; and
b: before giving a direction, 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.
4: When considering whether to give a direction under this section, the Judge must have regard to—
a: whether the interests of justice require a departure from the usual procedure under section 107
b: the matters in section 103(3) and (4).
107B: Application by any other party for child witness to give evidence in ordinary way or different alternative way
1: Despite section 107 section 107
2: An application for a direction under subsection (1)
3: 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.
4: When considering whether to give a direction under this section, the Judge must have regard to—
a: whether the interests of justice require a departure from the usual procedure under section 107
b: the matters in section 103(3) and (4).
32: New cross-heading above section 119 inserted
After section 118 Offences and requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings
33: Section 119 amended (Offences)
Before section 119(1)
1AA: A person who is in possession of a video record of any of the types specified in section 106(4A)
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.
1AB: A person who is in possession of a video record of any of the types specified in section 106(4A)
a: in the case of an individual, to a term of imprisonment not exceeding 6 months:
b: in the case of a body corporate, to a fine not exceeding $10,000.
1AC: A person who copies, supplies, or shows a video record of any of the types specified in section 106(4A)
a: in the case of an individual, to a term of imprisonment not exceeding 6 months:
b: in the case of a body corporate, to a fine not exceeding $10,000.
34: New sections 119A and 119B inserted
After section 119
119A: Requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings
1: Unless subsection (2)
a: criminal proceedings (disclosure of which is provided for in section 106); or
b: Family Court proceedings (disclosure of which is provided for in regulations made under section 201).
2: A Judge or judicial officer may order disclosure of a video record to the parties, if he or she is satisfied that—
a: the disclosure will not prejudice any criminal proceedings for which the video record may be offered as evidence; and
b: it is in the interests of justice to do so after considering the matters in section 119B
3: If a Judge or judicial officer makes an order for disclosure, he or she must, subject to subsection (4)
a: a copy, a transcript, or a summary of the video record:
b: an opportunity to view the video record:
c: access to 1 or more extracts or parts of the video record by any of the means in paragraphs (a) and (b)
4: A Judge or judicial officer may make a particular direction for the way in which disclosure is to be made, if he or she is satisfied that the direction is in the interests of justice after considering the matters in section 119B
5: A video record that is disclosed in proceedings under this section must be dealt with in compliance with any regulations made under section 201.
6: To avoid doubt, this section applies to the exercise of existing powers to order the production and disclosure of evidence, and does not create a new power to do so.
7: For the purposes of this section,— proceedings subsection (1)(a) and (b) video record
119B: Matters Judge or judicial officer must consider before ordering disclosure of video record or giving direction for disclosure
The matters that a Judge or judicial officer must consider for the purposes of section 119A(2)(b) and (4)
a: the extent to which the video record is relevant to the proceedings before them; and
b: the likely extent of harm to the witness whose evidence is contained in the video record from disclosure of that record; and
c: the nature of the criminal proceedings for which the video record may be or has been offered as evidence; and
d: the availability of other means of obtaining the evidence; and
e: the public interest in protecting the privacy of witnesses; and
f: any other matter that the Judge or judicial officer considers relevant.
35: Section 126 amended (Judicial warnings about identification evidence)
After section 126(2)
3: If evidence of identity is given against the defendant in any criminal proceeding and the defendant disputes that evidence, the court must bear in mind the need for caution before convicting the defendant in reliance on the correctness of any such identification and, in particular, must bear in mind the possibility that the witness may be mistaken.
36: Section 201 amended (Regulations)
1: After section 201(g)
ga: prescribing the ways in which video records may be dealt with, including the custody or return of video records, or prohibiting or restricting their copying:
2: After section 201(h)
ha: prescribing requirements for viewing video records of evidence by defendants, their lawyers, and expert witnesses, including where and when viewing can take place:
3: After section 201(i)
ia: regulating the destruction of video records:
ib: prescribing offences for non-compliance with regulations relating to the use of video records of evidence and any transcripts of such evidence, with a maximum penalty of,—
i: in the case of an individual, a fine not exceeding $2,000:
ii: in the case of a body corporate, a fine not exceeding $10,000:
37: Section 202 amended (Periodic review of operation of Act)
In section 202(2) 1 year 2 years
2: Revocation and amendments to other enactments
38: Consequential amendments and revocation
1: Amend the Criminal Procedure Act 2011 Schedule
2: The Evidence (Recognition of Overseas Practitioners) Order 2008 OIC LI 2016/293 2017-01-08 Criminal Procedure Act 2011 Evidence (Recognition of Overseas Practitioners) Order 2008 Can be brought into force earlier by OIC (see section 2)


1: Title
This Act is the Corrections (Electronic Monitoring of Offenders) Amendment Act 2016.
2: Commencement
This Act comes into force on the day that is 3 months after the date on which it receives the Royal assent.
3: Principal Act
This Act Corrections Act 2004 principal Act 2016-12-22 Corrections Act 2004
4: Section 63 amended (Temporary release from custody)
After section 63(1)
1A: The conditions that may be imposed by the chief executive under subsection (1) include, without limitation, a condition requiring the person who is temporarily released from custody to submit to the electronic monitoring of compliance with any temporary release conditions that relate to his or her whereabouts.
5: Section 64 amended (Temporary removal from prison)
In section 64 subsection (2)
2: The conditions that may be imposed by the chief executive under subsection (1)(c)
6: New section 64A inserted (Electronic monitoring for persons temporarily released from custody or temporarily removed from prison)
After section 64
64A: Electronic monitoring for persons temporarily released from custody or temporarily removed from prison
1: This section applies to electronic monitoring imposed as a condition under section 63 or 64.
2: The purposes of an electronic monitoring condition are—
a: to deter the person who is subject to electronic monitoring from breaching a condition that relates to his or her whereabouts; and
b: to monitor compliance with a condition that relates to his or her whereabouts.
3: Information about a person that is obtained through electronic monitoring may be used both for the purposes specified in subsection (2)
a: to verify compliance with conditions that relate to the whereabouts of the person:
b: to detect non-compliance with conditions that relate to the whereabouts of the person and the commission of offences:
c: to provide evidence of non-compliance with conditions that relate to the whereabouts of the person and of the commission of offences:
d: to verify that the person who is subject to the electronic monitoring condition has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
4: A person who is subject to an electronic monitoring condition may be required to have electronic monitoring equipment attached to his or her body.
5: Where there is evidence indicating that the person who is subject to the electronic monitoring condition may have tampered with or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately, the person is deemed to be unlawfully at large unless there is evidence that he or she is not unlawfully at large.
7: New section 65A and cross-heading inserted (Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter)
After section 65 Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter
65A: Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter
1: This section applies to a prisoner who—
a: is employed in work directed or provided by the prison manager under section 66 that is outside the secure perimeter, whether or not it is also outside the prison; or
b: is accommodated in a building that is outside the secure perimeter but still within the prison.
2: However, this section does not apply to a prisoner who has been temporarily released from custody or temporarily removed from prison under section 62.
3: The prison manager may require the prisoner to submit to electronic monitoring of his or her whereabouts while the prisoner is outside the secure perimeter (in this section, an electronic monitoring condition
4: The purposes of an electronic monitoring condition are—
a: to deter the prisoner from attempting to escape from lawful custody; and
b: to help locate and arrest a prisoner who escapes from lawful custody; and
c: to deter and detect the commission of offences against section 128(1)(e).
5: Information about a prisoner that is obtained through an electronic monitoring condition may be used both for the purposes in subsection (4) and for the following purposes:
a: to verify that the prisoner has not escaped from lawful custody:
b: to detect that the prisoner has escaped from lawful custody, and the commission of offences:
c: to provide evidence of escape from lawful custody, and the commission of offences:
d: to verify that the prisoner has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
6: A prisoner who is subject to an electronic monitoring condition may be required to have electronic monitoring equipment attached to his or her body.
7: Where there is evidence indicating that the prisoner who is subject to the electronic monitoring condition may have tampered with or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately, the prisoner is deemed to be unlawfully at large unless there is evidence that he or she is not unlawfully at large.


1: Title
This Act is the Parole (Electronic Monitoring of Offenders) Amendment Act 2016.
2: Commencement
This Act comes into force on the day that is 3 months after the date on which it receives the Royal assent.
3: Principal Act
This Act Parole Act 2002 principal Act 2016-12-22 Parole Act 2002
4: Section 15 amended (Special conditions)
1: In section 15(3) a special condition special conditions
2: Replace section 15(3)(f)
f: conditions requiring the offender to submit to the electronic monitoring of compliance with any release conditions or conditions of an extended supervision order, imposed under paragraph (ab) or (e), that relate to the whereabouts of the offender:
5: Section 15A amended (Electronic monitoring)
Replace section 15A(3)
3: An offender who is subject to an electronic monitoring condition—
a: may be required to have electronic monitoring equipment attached to his or her body; and
b: must comply with written instructions from a probation officer that are reasonably necessary for the effective administration of the electronic monitoring (for example, an instruction to regularly charge the equipment); and
c: breaches the electronic monitoring condition if he or she does not comply with those written instructions.


1: Title
This Act is the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016.
2: Commencement
This Act comes into force on the day that is 3 months after the date on which it receives the Royal assent.
3: Principal Act
This Act Sentencing Act 2002 principal Act 2016-12-22 Sentencing Act 2002
4: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Section 26 amended (Pre-sentence reports)
After section 26(2)(h)
i: in the case of a proposed sentence of intensive supervision or possible release conditions for a proposed sentence of imprisonment for 24 months or less, the opinion of the chief executive of the Department of Corrections as to whether—
i: a condition that prohibits the offender from entering or remaining in specified places or areas at specified times or at all times (a whereabouts condition
ii: a whereabouts condition would facilitate or promote the objective of rehabilitating and reintegrating the offender; and
iii: a further condition requiring the offender to submit to electronic monitoring of his or her compliance with a whereabouts condition is warranted, having regard to the likelihood of non-compliance with the whereabouts condition.
6: Section 54I amended (Other special conditions)
1: After section 54I(3)(e)
f: a condition that the offender must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with any conditions of his or her sentence imposed under paragraph (e) that prohibit the offender from entering or remaining in specified places or areas at specified times or at all times:
2: In section 54I(4)(b) ; or
3: Repeal section 54I(4)(c)
7: New section 54IA inserted (Electronic monitoring)
After section 54I
54IA: Electronic monitoring
1: This section applies to electronic monitoring imposed as a condition under section 54I(3)(f)
2: The purposes of an electronic monitoring condition are—
a: to deter the offender from breaching a whereabouts condition; and
b: to monitor compliance with a whereabouts condition.
3: The court must not impose an electronic monitoring condition unless it has had regard to the opinion of the chief executive of the Department of Corrections in a pre-sentence report provided under section 26.
4: Information about an offender that is obtained through an electronic monitoring condition may be used both for the purposes referred to in subsection (2)
a: to verify compliance with a whereabouts condition:
b: to detect non-compliance with a whereabouts condition and the commission of offences:
c: to provide evidence of non-compliance with a whereabouts condition and the commission of offences:
d: to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
5: An offender who is subject to an electronic monitoring condition—
a: may be required to have electronic monitoring equipment attached to his or her body; and
b: must comply with written instructions from a probation officer that are reasonably necessary for the effective administration of the electronic monitoring (for example, an instruction to regularly charge the equipment); and
c: fails to comply with the electronic monitoring condition if he or she does not comply with those written instructions.
6: The annual report of the Department of Corrections must include the following information about the use of electronic monitoring in the year reported on:
a: the number of offenders who were at any time subject to an electronic monitoring condition:
b: the average number of offenders who were subject to an electronic monitoring condition and the average duration of the condition:
c: the percentage of offenders who, while subject to an electronic condition, were—
i: convicted for failing to comply with the condition; or
ii: convicted of any other offence:
d: a description of the processes and systems that relate to electronic monitoring and that were in place during the year reported on.
7: In this section, whereabouts condition section 54I(3)(e)
8: Section 80E amended (Electronic monitoring)
In section 80E(1) electronic monitoring condition imposed as a condition under section 80C(2)(d)
9: Section 93 amended (Imposition of conditions on release of offender sentenced to imprisonment for short term)
1: In section 93(2B) special conditions special conditions
2: After section 93(3)
3A: The court must not impose an electronic monitoring condition described in section 15(3)(f)
10: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule