M (CA335/2011) v The Queen

In the Court of Appeal of New Zealand, the Court heard two appeals concerning the pre-trial cross-examination of complainants in criminal proceedings. In the first appeal, the applicant sought to appeal against an order that required the complainant's cross-examination to be recorded prior to the trial and given at trial by a video record. In the second appeal, the Crown sought to appeal against the refusal of an order that would have required the complainant's cross-examination to be taken in advance of the trial. The Court considered two primary issues: whether there is jurisdiction to make these pre-trial cross-examination orders, and if so, how should the jurisdiction be exercised. The Court found that there is jurisdiction to make these orders under the Evidence Act 2006, and that the discretion should be exercised with consideration of various factors, including fairness of the proceeding, the views of the witness, and any other relevant factors. In the first appeal, the Court allowed the appeal and quashed the order for pre-trial cross-examination, substituting an order for the cross-examination to take place at the time of the trial. In the second appeal, the Court dismissed the appeal.