Commission recommends stronger eyewitness identification safeguards

29 July 2026

Te Kāhui Tātari Ture | Criminal Cases Review Commission (Te Kāhui) is recommending changes to New Zealand's eyewitness identification laws to strengthen the reliability of identification evidence and reduce the risk of miscarriages of justice.

Today, Te Kāhui released its Section 12 Inquiry report into eyewitness identification evidence in Aotearoa, New Zealand.The report recommends updating New Zealand's legislative safeguards to reflect developments in scientific research and international best practice through three key changes:

• strengthen the legal requirements for formal eyewitness identification procedures, including introducing double-blind identification procedures, confidence statements and video
  recording of the identification process
• expand the definition of visual identification evidence so additional safeguards apply more consistently
• clarify when formal identification procedures may be dispensed with by closing the list of
  "good reasons" in the Evidence Act.

Chief Commissioner Hon Denis Clifford said faulty eyewitness identification is a well-recognised cause of miscarriages of justice. 

"Nearly one-fifth of the applications for review received by Te Kāhui during its first five years of operation raised issues relating to eyewitness identification. Eyewitness evidence can be compelling, but decades of research have shown that honest witnesses can be mistaken."

"These recommendations are practical steps to strengthen confidence in the criminal justice system and help reduce the risk of future miscarriages of justice.

"They are intended to bring New Zealand's legislation into line with current international best practice and improve the reliability of eyewitness identification evidence used in criminal proceedings."

The inquiry drew on international research, New Zealand case law, consultation with justice sector agencies, and advice from leading experts in eyewitness identification evidence.

The report has been provided to the Minister of Justice and has been tabled in Parliament.

Read the report: Eyewitness Identification Evidence in Aotearoa | New Zealand