Family Violence Witnesses Gain Alternative Evidence-Giving Options in NZ Family Court
Summary
The Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 establishes new legislative protections allowing witnesses in family violence proceedings to give evidence via courtroom screens, closed circuit TV from witness rooms, or audio visual link from external locations—removing the requirement to testify from an open witness box. The entitlement applies to proceedings commenced on or after 26 February 2026, with witnesses required to notify the court and opposing party at least 28 days before the hearing.
“People giving evidence about family violence are now entitled to additional legislative protections, including the ability to give their evidence in alternative ways.”
New Zealand courts and legal practitioners handling family violence proceedings should update their procedures to accommodate the new evidence-giving options under the Amendment Act 2025, effective 26 February 2026. Firms should ensure their Family Court preparation checklists and client communications reflect the 28-day advance notification requirement and the judge's discretion to determine final evidence arrangements after consulting all parties.
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What changed
The Amendment Act 2025 introduces a statutory entitlement for family violence witnesses in Family Court proceedings to give evidence through alternative means—behind a courtroom screen, from a witness room via closed circuit TV, or by audio visual link from another location—rather than the traditional open witness box. The opposing party retains the right to apply to court for a different arrangement, with the judge retaining discretion after speaking to all parties. Courts and legal practitioners must familiarise themselves with the new notification procedures, including the 28-day advance notice requirement for witnesses wishing to exercise this entitlement.
Archived snapshot
Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Greater protections for people giving evidence of family violence in Family Court proceedings
People giving evidence about family violence are now entitled to additional legislative protections, including the ability to give their evidence in alternative ways. These changes are designed to strengthen their safety and reduce the risk of trauma or re‑victimisation during court proceedings.
The Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 (external link) establishes a process where people can give written notice of the way (or ways) a witness (including themselves) will give evidence.
This includes:
- behind a screen in a courtroom
- in a witness room inside the court building by closed circuit TV
- by audio visual link from another location. Witnesses no longer need to give evidence from an open witness box in a courtroom.
The entitlement applies to proceedings that started on or after 26 February 2026. Those giving evidence of family violence must notify the court and other people involved (through their lawyer if they have one) if they wish to use one of these ways. They must notify as early as possible, but at least 28 days before the hearing.
The other party can make an application to the court for the evidence to be given in an open witness box in a courtroom or in another alternative way specified in the legislation. The application must be made as soon as possible before the hearing. The judge will speak to everyone concerned before deciding how evidence should be given.
More information on what to expect at a Family Court hearing
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