Parliament has passed new legislation aimed at strengthening protections for survivors of family violence when they give evidence in the Family Court.
The Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Bill, introduced by Dr Tracey McLellan, List MP based in Banks Peninsula , will give victims the automatic right to present evidence in alternative ways, without having to justify their need for protection from an alleged abuser.
Until now, witnesses in Family Court proceedings could apply to give evidence by alternative means, such as from another room or behind a screen, but the decision rested with a judge. The new law creates an entitlement for witnesses giving evidence of family violence to do so in one of these ways as of right.
McLellan said “This Bill is about safety, dignity, and justice. It is about recognising that people who have experienced family violence should not be hurt by the very institution charged with protecting them.
“Supporting and protecting people who are brave enough to speak up about family violence is another small step along the path towards eliminating family and sexual violence.
The passing of the Bill is a step in the right direction, and I’m incredibly proud our work will protect and support people when they need it most.”
The Justice Committee examined the bill earlier this year and recommended it be passed with some amendments.
The Committee’s review found that while the bill originally allowed for pre-recorded video evidence, this provision was removed because it would have required significant investment in new recording equipment and could have created delays.
Instead, the law now ensures victims can give evidence either in the courtroom but shielded from the alleged abuser, or from another location, including outside New Zealand.
The Committee also clarified the definition of “family violence evidence” to mean evidence from a person against whom the violence was inflicted, preventing alleged abusers from claiming the same entitlement.
Judges will also retain discretion to intervene if needed to ensure fairness.
Submissions from 30 groups and individuals were considered during the legislative process, with seven presenting oral evidence.
McLellan said “It’s not easy to get legislation passed from the Opposition benches, but good ideas and hard work on policy that makes a real difference has paid off.”
