New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 129

129 Court’s power to call witnesses

1 In proceedings before it under this Act (other than criminal proceedings), a court may, on its own initiative, call as a witness a person whose evidence may in its opinion assist the court.

2 The power given by subsection (1) includes power to call as a witness a party to the proceedings or a spouse or civil union partner of a party to the proceedings.

3 A witness called by the court under this section has the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.

4 A witness called by the court under this section—

a) may be examined and re-examined by the court, or by any counsel assisting the court; and

b) may be cross-examined by, or on behalf of, a party to the proceedings or by a lawyer appointed to act for a child who is the subject of the proceedings.

5 Sections 159 and 161 to 165 of the Criminal Procedure Act 2011, so far as applicable and with all necessary modifications, apply with respect to every person called as a witness by the court under this section as if the witness had been called by a party to the proceedings.

6 The expenses of a witness called by the court under this section, in accordance with the prescribed scale of witnesses’ expenses, are in the first instance payable out of public money appropriated by Parliament for the purpose.

Note: 1968 No 63 s 28A

History: Section 129(2): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).   Section 129(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).