Criminal Procedure Act 1986 No 209
Current version for 1 July 2020 to date (accessed 4 August 2020 at 16:17)
362   Use of recorded evidence
(1)  This section applies if—
(a)  a trial of an accused person is discontinued for any reason and, as a result, a new trial is listed, or
(b)  a person is convicted of an offence and, on appeal against the conviction, a new trial is ordered.
(2)  The prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of a witness.
(3)  A record of the original evidence of the witness is admissible in the new trial.
(4)  The hearsay rule does not prevent—
(a)  the admission of a record of the original evidence of the witness, or
(b)  the use of the record to prove the existence of a fact that the witness intended to assert by a representation made in the original evidence.
(5)  The court may decline to admit a record of the original evidence of the witness if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following—
(a)  the completeness of the original evidence, including whether the witness has been cross-examined on the evidence,
(b)  the effect of editing any inadmissible evidence from the original evidence,
(c)  the availability of the witness to attend to give further evidence in relation to a matter that may be the subject of leave under section 364,
(d)  the interests of justice,
(e)  any other matter the court thinks relevant.
(6)  The court may give directions requiring the record of the original evidence to be altered or edited to remove statements that would not be admissible if the original evidence of the witness had been given orally before the court in accordance with the usual rules and practice of the court.
(7)  Also, a record of the original evidence may be altered or edited in accordance with an agreement between the prosecutor and the accused person and the person’s counsel (if any).
(8)  The record of the original evidence of the witness tendered by the prosecution must be—
(a)  the best available record, or be comprised of the best available records, of the original evidence of the witness, and
(b)  properly authenticated.
(9)  If a record of the original evidence of a witness is tendered by the prosecutor under this section, any exhibits tendered in the original proceedings on the basis of the original evidence of the witness and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the witness had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.
(10)  Subsection (9) does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.