Witness protection & anonymity

People use the term witness protection in different ways. 

It may refer to: 

• police safety planning
• limits on media filming or photographing a witness in a court setting
• court directions about how a witness gives evidence
• suppression of identifying information about a witness in media or the court room
• a witness anonymity order
• the police witness protection programme. 

A witness anonymity order is a court order. It can protect a witness’s name, address, occupation, or other details that could identify them. 
 
Witness anonymity orders are only available in serious criminal cases. The Crown prosecution can apply to the court asking for an order only if the Solicitor-General approves. 
 
A judge may make an order if they are satisfied there are reasonable grounds to believe that identifying the witness is likely to: 

• endanger someone’s safety
• cause serious damage to property. 

The judge must also consider whether keeping the witness’s identity from the defendant would be in the interests of justice. 
 
Under New Zealand law, the judge must balance witness safety with the defendant’s right to a fair hearing. 
 
A witness cannot choose legal anonymity for themselves. They can raise their safety concerns, and the court may consider what protection is available.

A witness anonymity order means that certain identifying information is not disclosed in court. 

This often includes: 

• the witness’ name
• their address
• their occupation
• other details that could identify them. 

The judge still receives the witness’s identifying details. 
 
In a High Court trial, an order can also specify that: 

• the witness does not have to say their name, address, or occupation in court
• people involved in the case must not disclose identifying details during the trial
• questions or evidence that would identify the witness may be restricted
• identifying information must not be published in reports about the case. 

If you are asked to give evidence in a court room for a trial or other hearing, the judge may allow you to give evidence in a different way.  

The following ways to help protect a witness’s anonymity or safety: 

• clearing the court of the public
• using a screen so the witness cannot be seen by the defendant
• allowing the witness to give evidence by CCTV or video link from a place other than the court room. 

These arrangements are not automatic. An application will need to be made to have you give evidence in an alternative way. Generally, this application is made by the police or Crown prosecutor. 

Information about when there is media interest

The police witness protection programme is different from court anonymity, name suppression, and media reporting restrictions. 
 
It is designed for situations where someone may face a serious safety risk because they have helped police or provided evidence. Protection can take different forms depending on the person's circumstances and level of risk. 
 
Court anonymity orders, name suppression, and media reporting restrictions are different types of legal protections. They can help protect a person's identity or limit what information can be made public. They do not provide the same type of safety measures as the witness protection programme.  
 
Information about how the witness protection programme operates is not publicly available. This is to help protect the safety of the people involved and maintain the effectiveness of the programme.  
 
If you are worried about your safety because you have reported a crime, helped police, or may be giving evidence, talk to police as soon as possible. They can discuss your concerns with you, assess any risks, and explain what support or protections may be available. 

In very specific circumstances, there is financial assistance if you have suffered a loss due to helping Police.

More information about financial help