Whilst differing mode of evidence applications are not new, the entitlement to utilise these alternative ways of giving evidence (following written notice) is a new protection designed to:
- Strengthen these witnesses’ safety;
- Reduce the risk of trauma to these witnesses; and
- Reduce the risk of revictimization of these witnesses.
Alternate ways of giving evidence include:
- Behind a screen in the Courtroom;
- In a witness room inside the Court building by closed circuit TV; and
- By audio visual link from another location.
Process
Written notice must be given to the Court and other parties to the proceedings (through their lawyer, if engaged) as soon as possible before the hearing, but at least 28 days prior.
Other parties to proceedings may file an application for evidence to be heard in the usual way. However, this application will be decided by a Judge on its merits.
Proceedings started prior to 26 February 2026 may also utilise alternate modes of evidence. However, an application to the Court is needed to allow for this to occur, rather than being able to simply give notice of the alternative mode of evidence that will be used.
This brings the protections in the Family Court when giving evidence about family violence closer in line to that afforded to witnesses and complainants in criminal proceedings.
How we can help
If you are being abused, remember that it is not your fault, it is not acceptable, and it is not okay. You have the right to be safe and to live a life free from family violence.
If you or someone you know is experiencing family violence, the Family Law team at Burley Castle Hawkins Lawyers are here to help. If you or someone you know need help in obtaining protection from family violence, please do not hesitate to reach out for assistance.
If you are currently in danger:
- Phone the Police on 111 or ask neighbours or friends to ring for you.
- Run outside and head for where there are other people.
- Scream for help so that your neighbours can hear you.
- Take the children with you.
- Do not stop to get anything else.
For help or more information:
- Shine: Free national helpline available 24/7 – 0508 744 633 www.2shine.org.nz
- Women’s Refuge: Free national crisis line operates 24/7 – 0800 refuge or 0800 733 843 www.womensrefuge.org.nz
- Shakti: Providing specialist cultural services for African, Asian and Middle Eastern women and their children. Crisis line 24/7 0800 742 584
- Elder Abuse Helpline: 0800 32 668 65 – 24 hours, text: 5032, email: support@elderabuse.nz
- It’s Not Ok: Information line 0800 456 450 www.areyouok.org.nz
- Hey Bro Helpline: supporting men to be free from violence 0800 HeyBro (439 276)
- Youthline: 0800 376 633, free text: 234, email: talk@youthline.co.nz
