294KWitness may give further evidence only with leave

#### 294K Witness may give further evidence only with leave 294K Witness may give further evidence only with leave > > (1) A witness in proceedings to which this division applies whose evidence is pre-recorded at a pre-recorded evidence hearing must not give further evidence in the proceedings without the leave of the Court. > > > (2) An application for leave under subsection (1) may be made by a party to the proceedings. > > > (3) The Court must not give leave under subsection (1) unless the Court is satisfied— > > > > > (a) the party has become aware of a matter of which the party could not reasonably have been aware at the time of the recording, or > > > > > (b) it is otherwise in the interests of justice to give leave. > > > (4) The further evidence must, to the extent practicable, be given by pre-recording at a hearing in the same way as the original pre-recorded evidence, unless the Court otherwise directs. > > > (5) Subsection (1) applies despite anything to the contrary in— > > > > > (a) this Act, or > > > > > (b) the [Evidence Act 1995](/view/html/inforce/current/act-1995-025). > > **s 294K:** Ins 2023 No 32, Sch 1\[2\].