Evidence Act 2006

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 23 May 2016 to make corrections to sections 4(1), (2), 14, 30(3)(f), 43(3)(a), (b), (c), (f), 52(4), 54(3)(h), 59(5), 77(4)(c), 164(2), (3), 165(3)(a), 166(2), 169, 185(3), 186(1), (5), 189(1)(a), (b), 190, 194(2), 195(1), (3), 197(6), 211, and 215 under section 25(1)(j)(ii) and (k) of the Legislation Act 2012.

Reprint as at 11 October 2013

Coat of Arms of New Zealand

Evidence Act 2006

Public Act
 
2006 No 69
Date of assent
 
4 December 2006
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Act to bind the Crown
4Interpretation
5Application
6Purpose
7Fundamental principle that relevant evidence admissible
8General exclusion
9Admission by agreement
10Interpretation of Act
11Inherent and implied powers not affected
12Evidential matters not provided for
12ARules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved
13Establishment of relevance of document
14Provisional admission of evidence
15Evidence given to establish admissibility
16Interpretation
17Hearsay rule
18General admissibility of hearsay
19Admissibility of hearsay statements contained in business records
20Admissibility in civil proceedings of hearsay statements in documents related to applications, discovery, or interrogatories
21Defendant who does not give evidence in criminal proceeding may not offer own statement
22Notice of hearsay in criminal proceedings
23Opinion rule
24General admissibility of opinions
25Admissibility of expert opinion evidence
26Conduct of experts in civil proceedings
27Defendants’ statements offered by prosecution
28Exclusion of unreliable statements
29Exclusion of statements influenced by oppression
30Improperly obtained evidence
31Prosecution may not rely on certain evidence offered by other parties
32Fact-finder not to be invited to infer guilt from defendant’s silence before trial
33Restrictions on comment on defendant’s right of silence at trial
34Admissions in civil proceedings
35Previous consistent statements rule
36Application of subpart to evidence of veracity and propensity
37Veracity rules
38Evidence of defendant’s veracity
39Evidence of co-defendant’s veracity
40Propensity rule
41Propensity evidence about defendants
42Propensity evidence about co-defendants
43Propensity evidence offered by prosecution about defendants
44Evidence of sexual experience of complainants in sexual cases
45Admissibility of visual identification evidence
46Admissibility of voice identification evidence
46ACaution regarding reliance on identification evidence
47Conviction as evidence in civil proceedings
48Conviction as evidence in defamation proceedings
49Conviction as evidence in criminal proceedings
50Civil judgment as evidence in civil or criminal proceedings
51Interpretation
52Orders for protection of privileged or confidential material, or material relating to matters of State
53Effect and protection of privilege
54Privilege for communications with legal advisers
55Privilege and solicitors’ trust accounts
56Privilege for preparatory materials for proceedings
57Privilege for settlement negotiations or mediation
58Privilege for communications with ministers of religion
59Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists
60Privilege against self-incrimination
61Discretion as to incrimination under foreign law
62Claiming privilege against self-incrimination in court proceedings
63Replacement of privilege with respect to disclosure requirements in civil proceedings
64Informers
65Waiver
66Joint and successive interests in privileged material
67Powers of Judge to disallow privilege
68Protection of journalists’ sources
69Overriding discretion as to confidential information
70Discretion as to matters of State
71Eligibility and compellability generally
72Eligibility of Judges, jurors, and counsel
73Compellability of defendants and associated defendants in criminal proceedings
74Compellability of Sovereign and certain other persons
75Bank officer not compellable to produce banking records
76Evidence of jury deliberations
77Witnesses to give evidence on oath or affirmation
78Interpreters to act on oath or affirmation
79Support persons
80Communication assistance
81Communication assistance need not be provided in certain circumstances
82Views
83Ordinary way of giving evidence
84Examination of witnesses
85Unacceptable questions
86Restriction of publication
87Privacy as to witness’s precise address
88Restriction on disclosure of complainant’s occupation in sexual cases
89Leading questions in examination in chief and re-examination
90Use of documents in questioning witness or refreshing memory
91Editing of inadmissible statements
92Cross-examination duties
93Limits on cross-examination
94Cross-examination by party of own witness
95Restrictions on cross-examination by parties in person
96Cross-examination on previous statements of witnesses
97Re-examination
98Further evidence after closure of case
99Witnesses recalled by Judge
100Questioning of witnesses by Judge
101Jury questions
102Application
102ARelationship of Courts (Remote Participation) Act 2010 to sections 103 to 106
103Directions about alternative ways of giving evidence
104Chambers hearing before directions for alternative ways of giving evidence
105Alternative ways of giving evidence
106Video record evidence
107Directions about way child complainants are to give evidence
108Undercover Police officers
109Effect of certificate under section 108
110Pre-trial witness anonymity order
111Effect of pre-trial witness anonymity order
112Witness anonymity order for purpose of High Court trial
113Effect of witness anonymity under section 112
114Trial to be held in High Court if witness anonymity order made
115Judge may appoint independent counsel to assist
116Judge may make orders and give directions to preserve anonymity of witness
117Variation or discharge of witness anonymity order during trial
118Witness in Police witness protection programme
119Offences
120Persons who may sign statements by assumed name
121Corroboration
122Judicial directions about evidence which may be unreliable
123Judicial directions about certain ways of offering evidence
124Judicial warnings about lies
125Judicial directions about children’s evidence
126Judicial warnings about identification evidence
127Delayed complaints or failure to complain in sexual cases
128Notice of uncontroverted facts
129Admission of reliable published documents
130Offering documents in evidence without calling witness
131Admission of depositions
132Documents required to be discovered or included in common bundle
133Summary of voluminous documents
134Admission of documents discovered in civil proceedings
135Translations and transcripts
136Proof of signatures on attested documents
137Evidence produced by machine, device, or technical process
138Authenticity of public documents
139Evidence of convictions, acquittals, and other judicial proceedings
140Proof of conviction by fingerprints
141New Zealand and foreign official documents
142Notification of acts in official documents
143Presumptions as to New Zealand and foreign official seals and signatures
144Evidence of foreign law
145Interpretation
146Foreign public documents: certificates as to contracting States under Convention
147Foreign public documents: Convention certificates sufficient authentication of certain matters
148Evidence of public documents by reference to Australian law
149Evidence of other public documents
150Interpretation
151Meaning of specified proceeding
152Power of Minister of Justice in relation to certain tribunals
153Act not to apply to certain proceedings in High Court of New Zealand and Federal Court of Australia
153ACourts (Remote Participation) Act 2010 does not apply to remote appearances under this subpart
153BMutual Assistance in Criminal Matters Act 1992 operates in parallel with this subpart
154Service of New Zealand subpoenas in Australia
155New Zealand subpoena may require evidence to be given in New Zealand or Australia
156Service of subpoena
157Expenses
158Payment of additional amounts to witness
159Subpoenas for production
160Setting aside of subpoena served in Australia
161Failure to comply with subpoena
162Other powers not affected
163Service of Australian subpoenas in New Zealand
164Compliance with Australian subpoena
165Failure of witness to comply with Australian subpoena
166Transmission of documents or things to Australian court
167Other powers to serve subpoenas not affected
168New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia
168ACosts of giving evidence, and making examination and submissions, from Australia
169Powers of New Zealand court in Australia
170Evidence, examination, and submissions by audiovisual link
171Evidence, examination, and submissions by audio link
172Rights of Australian counsel
173Australian court may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand
174Powers of Australian court
175Orders of Australian court
176Place where evidence given or examination or submissions made part of Australian court
177Privileges, protections, and immunities of Judges, counsel, and witnesses in Australian proceedings
178Power of Australian court to administer oaths in New Zealand
179Contempt of Australian court
180Assistance to Australian court
[Repealed]
181Enforcement of certain orders made by Australian court [Repealed]
182Interpretation
183Relationship with subpart 1
184Application to High Court for assistance in obtaining evidence for civil proceedings in another court
185Power of High Court to give effect to application for assistance
186Privileges of witnesses
187Orders not to bind the Crown or Crown servants
188Procedure for taking evidence outside New Zealand in civil proceedings in High Court
189False statements
190Interpretation
191Relationship with subpart 1
192Examination of witness at request of overseas court
193Powers may be exercised by Registrar
194Evidence in support of application
195Protection of witnesses
196Witnesses’ expenses
197Solicitor may take affidavit or declaration
198False affidavit or declaration
199Rules
200Rules and regulations
201Regulations
202Periodic review of operation of Act
203Notice of hearsay before commencement
204Notice before commencement relating to co-defendants’ veracity
205Notice before commencement concerning propensity evidence about co-defendants
206Identification already carried out
207Transitional provisions relating to Law Practitioners Act 1982
208Transitional provision relating to communication assistance
209Transitional provision relating to cross-examination by unrepresented parties
210Transitional provision concerning alternative ways of giving evidence
211Transitional provision concerning giving of evidence by child complainants
212Transitional provision relating to offering documents in evidence without calling witness
213Transitional provision relating to translation and transcripts
214General
215Repeals
216Consequential amendments
Reprint notes