This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions.
Section 2: sections 203–214 brought into force, on 18 July 2007, by clause 2(1) of the Evidence Act 2006 Commencement Order 2007 (SR 2007/190).
Section 2: Evidence Act (except sections 203–214) brought into force, on 1 August 2007, by clause 2(2) of the Evidence Act 2006 Commencement Order 2007 (SR 2007/190).
In this Act, unless the context otherwise requires,—
admission, in relation to a civil proceeding, means a statement that is—
(a)
made by a person who is or becomes a party to the proceeding; and
(b)
adverse to the person’s interest in the outcome of the proceeding
child means a person under the age of 18 years
child complainant, in relation to any proceeding, means a complainant who is a child when the proceeding commences
common bundle means a compilation of documents that the parties to a civil proceeding wish to offer in evidence at the hearing of the proceeding, being a compilation that—
(a)
is prepared in accordance with rules of court or the practice of a court; and
(b)
is filed in court
communication assistance means oral or written interpretation of a language, written assistance, technological assistance, and any other assistance that enables or facilitates communication with a person who—
(a)
does not have sufficient proficiency in the English language to—
(i)
understand court proceedings conducted in English; or
(ii)
give evidence in English; or
(b)
has a communication disability
conviction means,—
(a)
in sections 47 to 49, a subsisting conviction entered before or after the commencement of this Act by—
(i)
a New Zealand court or a court-martial conducted under New Zealand law in New Zealand or elsewhere; or
(ii)
a court established by, or a court-martial conducted under, the law of Australia, United Kingdom, Canada, or any other foreign country in respect of which an Order in Council has been made under section 140(5); and
(b)
in sections 139 and 140, a subsisting conviction entered before or after the commencement of this Act by a New Zealand or foreign court or a court-martial conducted under New Zealand or foreign law
copy, in relation to a document, includes a copy of a copy and a copy that is not an exact copy of the document but is identical to the document in all relevant respects
country includes a State, territory, province, or other part of a country
court includes the Supreme Court, the Court of Appeal, the High Court, and any District Court
District Court includes—
(a)
a Family Court; and
(b)
a Youth Court
document means—
(a)
any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes—
(i)
a label, marking, or other writing which identifies or describes a thing of which it forms part, or to which it is attached:
(ii)
a book, map, plan, graph, or drawing:
(iii)
a photograph, film, or negative; and
(b)
information electronically recorded or stored, and information derived from that information
domestic violence has the same meaning as in section 3(1) of the Domestic Violence Act 1995
enforcement agency means the New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment
expert means a person who has specialised knowledge or skill based on training, study, or experience
expert evidence means the evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence given in the form of an opinion
foreign country means a country other than New Zealand
give evidence means to give evidence in a proceeding—
(a)
in the ordinary way, as described in section 83; or
(b)
in an alternative way, as provided for by section 105; or
(c)
in any other way provided for under this Act or any other enactment
harassment has the same meaning as in section 3 of the Harassment Act 1997
hearsay rule means the rule described in section 17
hearsay statement means a statement that—
(a)
was made by a person other than a witness; and
(b)
is offered in evidence at the proceeding to prove the truth of its contents
hostile, in relation to a witness, means that the witness—
(a)
exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
(b)
gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
(c)
refuses to answer questions or deliberately withholds evidence
incriminate means to provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence
international organisation means an organisation of States or governments of States or an organ or agency of an organisation of that kind, and includes the Commonwealth Secretariat
interpreter includes a person who provides communication assistance to a defendant or a witness
investigative questioning means questioning in connection with the investigation of an offence or a possible offence by, or in the presence of,—
(a)
a member of the Police; or
(b)
a person whose functions include the investigation of offences
Judge includes a Justice of the Peace, a community magistrate, and any tribunal
lawyer means a barrister or solicitor, as those terms are defined in section 2 of the Law Practitioners Act 1982
leading question means a question that directly or indirectly suggests a particular answer to the question
offer evidence includes eliciting evidence by cross-examining a witness called by another party
opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact
opinion rule means the rule described in section 23
party means a party to a proceeding
previous consistent statements rule means the rule described in section 35
previous statement means a statement made by a witness at any time other than at the hearing at which the witness is giving evidence
proceeding means—
(a)
a proceeding conducted by a court; and
(b)
any interlocutory or other application to a court connected with that proceeding
propensity rule means the rule described in section 40
public document—
(a)
means a document that—
(i)
forms part of the official records of the legislative, executive, or judicial branch of the Government of New Zealand or of a foreign country or of a person or body holding a public office or exercising a function of a public nature under the law of New Zealand or a foreign country; or
(ii)
forms part of the official records of an international organisation; or
(iii)
is being kept by, or on behalf of, a branch of any government, person, body, or organisation referred to in subparagraph (i) or (ii), for the purpose of carrying out the official functions of that government, person, body, or organisation; but
(b)
in sections 145 to 147, has the meaning set out in section 145
seal includes a stamp
self-incrimination means the provision by a person of information that could reasonably lead to, or increase the likelihood of, the prosecution of that person for a criminal offence
sexual case means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for,—
(a)
an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961; or
(b)
any other offence against the person of a sexual nature
statement means—
(a)
a spoken or written assertion by a person of any matter; or
(b)
non-verbal conduct of a person that is intended by that person as an assertion of any matter
veracity rules means the rules described in section 37
video record means a recording on any medium from which a moving image may be produced by any means; and includes an accompanying sound track
visual identification evidence means evidence that is—
(a)
an assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near a place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done; or
(b)
an account (whether oral or in writing) of an assertion of the kind described in paragraph (a)
voice identification evidence means evidence that is an assertion by a person to the effect that a voice, whether heard first-hand or through mechanical or electronic transmission or recording, is the voice of a defendant or any other person who was connected with an act constituting direct or circumstantial evidence of the commission of an offence
witness means a person who gives evidence and is able to be cross-examined in a proceeding.
(2)
A hearing commences for the purposes of this Act when at the substantive hearing of the issues that are the subject of proceedings the party having the right to begin commences to state that party’s case or, having waived the right to make an opening address, calls that party’s first witness.
If there is an inconsistency between the provisions of this Act and any other enactment, the provisions of that other enactment prevail, unless this Act provides otherwise.
(2)
Despite subsection (1), if there is any inconsistency between rules of court made under any enactment with the concurrence of 2 or more members of the Rules Committee and this Act, the provisions of this Act prevail.
(3)
This Act applies to all proceedings commenced before, on, or after the commencement of this section except—
(a)
the continuation of a hearing that commenced before the commencement of this section; and
(b)
any appeal from, or review of, a determination made at a hearing of that kind.
Section 5(3): amended, on 4 July 2007, by section 4 of the Evidence Amendment Act 2007 (2007 No 24).
Section 5(3)(a): amended, on 4 July 2007, by section 4 of the Evidence Amendment Act 2007 (2007 No 24).
Purpose, principles, and matters of general application
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Purpose
The purpose of this Act is to help secure the just determination of proceedings by—
(a)
providing for facts to be established by the application of logical rules; and
(b)
providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990; and
(c)
promoting fairness to parties and witnesses; and
(d)
protecting rights of confidentiality and other important public interests; and
(e)
avoiding unjustifiable expense and delay; and
(f)
enhancing access to the law of evidence.
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Fundamental principle that relevant evidence admissible
(1)
All relevant evidence is admissible in a proceeding except evidence that is—
(a)
inadmissible under this Act or any other Act; or
(b)
excluded under this Act or any other Act.
(2)
Evidence that is not relevant is not admissible in a proceeding.
(3)
Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.
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General exclusion
(1)
In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will—
(a)
have an unfairly prejudicial effect on the proceeding; or
(b)
needlessly prolong the proceeding.
(2)
In determining whether the probative value of evidence is outweighed by the risk that the evidence will have an unfairly prejudicial effect on a criminal proceeding, the Judge must take into account the right of the defendant to offer an effective defence.
