The Sexual Violence Legislation Act 2021: Pre-Recorded Cross-Examination and the Right to a Fair Trial

This article analyses the provisions of Sexual Violence Legislation Act 2021 that offer witnesses in sexual cases access to pre-recorded cross-examination as an alternative method giving evidence. The is intended reduce trauma violence victims court whilst preserving fairness trial. prima facie entitles evidence methods, but judges retain a discretion under s 106G prevent use cross-examination. Under 106G, judge must do so where presents real risk evaluates how are likely exercise their 106G. I recount contemporary notion fair trial through lens New Zealand Bill Rights 1990 and identify areas tension between defendants' rights witnesses' interests. assess realities system render workable only at expense rights. Consequently, will almost always be compelled make orders preventing unfit for its purpose expanding availability improving justice process complainants.