I have 2 adult sons who called Poilce last night because they witnessed an assault of a man beating up a woman and then

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Customer: Hello, I have 2 adult sons who called Poilce last night because they witnessed an assault of a man beating up a woman and then trying to run her over in a car. He took off down the road and tried to ram the vehicle our sons were driving while they were on the phone to the police. The cops asked them to go the the station and make a statement which they dio, and also found out the offender has numerous charges and gang connections, and lives in the same rural valley as our home near Thames. The cops said the statement including names of witnesses will be available to the offender to view. They have not signed the statement because it is unsafe for this person to know who they are even though the cops would like to have it so they can make an arrest. At this stage the guy is on the loose . Is anonymity available under NZ law ?
JA: Do you have any upcoming court dates on the assault charges?
Customer: I don't know, all they said was there are criminal charges which they thought meant outstanding but they have not been able to make an arrest yet but can if they have a signed statement
JA: Have you talked to a New Zealand lawyer about this yet?
Customer: No, the regular local one we use is not back at work till next week
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just checking now
Answered by Chris The Lawyer in 8 mins 12 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
Customer
Hello Chris, do you have my questions on your screen ?
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Chris The Lawyer, Expert

You can ask for your sons details to be concealed because of the risks and gang connections. You need to tell the police (although you may have already) but it is possible to have anonymous complaints made

Customer
OK, thanks, ***** ***** just get the eldest one to view this conversation . Is it just a matter of being firm and insisting with the Police as they are obliged under law to do it ?
Customer
It is a witness statement that they intend to use to press charges, not just a complaint
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Chris The Lawyer, Expert

You can ask for names and addresses to be concealed for the statement-tell them it has to be that way or they will not give statements

Customer
OK they have given statements but not signed them. Is there a legal clause they can use ? The cops are saying their names have to be in there, do the police need reminding of the witness rights within the law ?
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Chris The Lawyer, Expert

Victims Rights Act

16 Restriction on disclosing victim’s contact details in evidence or information provided to court

(1) This section applies to information (the information) that discloses, or that may lead to the disclosure of, a victim’s contact details.

(2) The information may be given in evidence or in information provided to a court only with the leave of the judicial officer.

(3) The judicial officer must not grant leave unless satisfied—

(a) that the information is directly relevant to the facts in issue in the proceedings; and
(b) that the evidential value of the information (if any) outweighs any prejudice to the victim’s interests, or any harm to the victim, that is likely to be caused by the giving of the information.

(4) In this section, contact details means any 1 or more of the following:

(a) residential address:
(b) postal address:
(c) email address:
(d) home telephone number:
(e) business telephone number:
(f) mobile telephone number:
(g) fax number.

Customer
Is the name able to be anonymous under the Evidence (Witness Anonymity) Amendment Act 1997
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Chris The Lawyer, Expert

That is a matter which may need to go to a judge to make an order, which may not be helpful because the offender may have the names before that can be done. So you need to

Insist that the names be concealed in advance

Customer
Thanks
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Chris The Lawyer, Expert

I hope this has been a useful start to resolution of the problem

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