New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 2006 No 69 |
| Date of assent | 4 December 2006 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
Purpose, principles, and matters of general application
7 Fundamental principle that relevant evidence admissible
11 Inherent and implied powers not affected
12 Evidential matters not provided for
12A Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved
13 Establishment of relevance of document
14 Provisional admission of evidence
15 Evidence given to establish admissibility
Part 2
Admissibility rules, privilege, and confidentiality
18 General admissibility of hearsay
19 Admissibility of hearsay statements contained in business records
20 Admissibility in civil proceedings of hearsay statements in documents related to applications, discovery, or interrogatories
21 Defendant who does not give evidence in criminal proceeding may not offer own statement
22 Notice of hearsay in criminal proceedings
Subpart 2—Statements of opinion and expert evidence
24 General admissibility of opinions
25 Admissibility of expert opinion evidence
26 Conduct of experts in civil proceedings
Subpart 3—Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings
27 Defendants’ statements offered by prosecution
28 Exclusion of unreliable statements
29 Exclusion of statements influenced by oppression
30 Improperly obtained evidence
31 Prosecution may not rely on certain evidence offered by other parties
32 Fact-finder not to be invited to infer guilt from defendant’s silence before trial
33 Restrictions on comment on defendant’s right of silence at trial
34 Admissions in civil proceedings
Subpart 4—Previous consistent statements made by witness
35 Previous consistent statements rule
Subpart 5—Veracity and propensity
36 Application of subpart to evidence of veracity and propensity
38 Evidence of defendant’s veracity
39 Evidence of co-defendant’s veracity
41 Propensity evidence about defendants
42 Propensity evidence about co-defendants
43 Propensity evidence offered by prosecution about defendants
44 Evidence of sexual experience of complainants in sexual cases
Subpart 6—Identification evidence
45 Admissibility of visual identification evidence
46 Admissibility of voice identification evidence
Subpart 7—Evidence of convictions and civil judgments
47 Conviction as evidence in civil proceedings
48 Conviction as evidence in defamation proceedings
49 Conviction as evidence in criminal proceedings
50 Civil judgment as evidence in civil or criminal proceedings
Subpart 8—Privilege and confidentiality
Matters relating to interpretation and procedure
52 Orders for protection of privileged or confidential material, or material relating to matters of State
53 Effect and protection of privilege
54 Privilege for communications with legal advisers
55 Privilege and solicitors’ trust accounts
56 Privilege for preparatory materials for proceedings
57 Privilege for settlement negotiations or mediation
58 Privilege for communications with ministers of religion
59 Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists
60 Privilege against self-incrimination
61 Discretion as to incrimination under foreign law
62 Claiming privilege against self-incrimination in court proceedings
63 Replacement of privilege with respect to disclosure requirements in civil proceedings
66 Joint and successive interests in privileged material
67 Powers of Judge to disallow privilege
68 Protection of journalists’ sources
69 Overriding discretion as to confidential information
70 Discretion as to matters of State
Subpart 1—Eligibility and compellability
71 Eligibility and compellability generally
72 Eligibility of Judges, jurors, and counsel
73 Compellability of defendants and associated defendants in criminal proceedings
74 Compellability of Sovereign and certain other persons
75 Bank officer not compellable to produce banking records
76 Evidence of jury deliberations
Subpart 2—Oaths and affirmations
77 Witnesses to give evidence on oath or affirmation
78 Interpreters to act on oath or affirmation
Subpart 3—Support, communication assistance, and views
81 Communication assistance need not be provided in certain circumstances
Subpart 4—Questioning of witnesses
83 Ordinary way of giving evidence
87 Privacy as to witness’s precise address
88 Restriction on disclosure of complainant’s occupation in sexual cases
89 Leading questions in examination in chief and re-examination
90 Use of documents in questioning witness or refreshing memory
91 Editing of inadmissible statements
93 Limits on cross-examination
94 Cross-examination by party of own witness
95 Restrictions on cross-examination by parties in person
96 Cross-examination on previous statements of witnesses
98 Further evidence after closure of case
99 Witnesses recalled by Judge
100 Questioning of witnesses by Judge
Subpart 5—Alternative ways of giving evidence
102A Relationship of Courts (Remote Participation) Act 2010 to sections 103 to 106
103 Directions about alternative ways of giving evidence
104 Chambers hearing before directions for alternative ways of giving evidence
105 Alternative ways of giving evidence
Directions about child complainants’ evidence
107 Directions about way child complainants are to give evidence
Giving of evidence by undercover Police officers
108 Undercover Police officers
109 Effect of certificate under section 108
Giving of evidence by anonymous witnesses
110 Pre-trial witness anonymity order
111 Effect of pre-trial witness anonymity order
112 Witness anonymity order for purpose of High Court trial
113 Effect of witness anonymity under section 112
114 Trial to be held in High Court if witness anonymity order made
115 Judge may appoint independent counsel to assist
116 Judge may make orders and give directions to preserve anonymity of witness
117 Variation or discharge of witness anonymity order during trial
118 Witness in Police witness protection programme
Signature of statements by assumed name
120 Persons who may sign statements by assumed name
Subpart 6—Corroboration, judicial directions, and judicial warnings
122 Judicial directions about evidence which may be unreliable
123 Judicial directions about certain ways of offering evidence
124 Judicial warnings about lies
125 Judicial directions about children’s evidence
126 Judicial warnings about identification evidence
127 Delayed complaints or failure to complain in sexual cases
Subpart 7—Notice of uncontroverted facts and reference to reliable public documents
128 Notice of uncontroverted facts
129 Admission of reliable published documents
Subpart 8—Documentary evidence and evidence produced by machine, device, or technical process
130 Offering documents in evidence without calling witness
132 Documents required to be discovered or included in common bundle
133 Summary of voluminous documents
134 Admission of documents discovered in civil proceedings
135 Translations and transcripts
136 Proof of signatures on attested documents
137 Evidence produced by machine, device, or technical process
138 Authenticity of public documents
139 Evidence of convictions, acquittals, and other judicial proceedings
140 Proof of conviction by fingerprints
141 New Zealand and foreign official documents
142 Notification of acts in official documents
143 Presumptions as to New Zealand and foreign official seals and signatures
Special rules applying where no requirement for legalisation of foreign public document
146 Foreign public documents: certificates as to contracting States under Convention
147 Foreign public documents: Convention certificates sufficient authentication of certain matters
Special rules relating to public documents admissible under Australian law
148 Evidence of public documents by reference to Australian law
149 Evidence of other public documents
Part 4
Evidence from overseas or to be used overseas
Subpart 1—Proceedings in Australia and New Zealand
Interpretation and application
151 Meaning of specified proceeding
152 Power of Minister of Justice in relation to certain tribunals
153 Act not to apply to certain proceedings in High Court of New Zealand and Federal Court of Australia
Service of and compliance with New Zealand subpoenas in Australia
154 Service of New Zealand subpoenas in Australia
155 New Zealand subpoena may require evidence to be given in New Zealand or Australia
158 Payment of additional amounts to witness
160 Setting aside of subpoena served in Australia
161 Failure to comply with subpoena
Service of and compliance with Australian subpoenas in New Zealand
163 Service of Australian subpoenas in New Zealand
164 Compliance with Australian subpoena
165 Failure of witness to comply with Australian subpoena
166 Transmission of documents or things to Australian court
167 Other powers to serve subpoenas not affected
Video link and telephone conferences in New Zealand proceedings
168 New Zealand court may receive evidence and submissions by video link and telephone conference from Australia
169 Powers of New Zealand court in Australia
170 Evidence and submissions by video link
171 Evidence and submissions by telephone
172 Rights of Australian counsel
Video link and telephone conferences in Australian proceedings
173 Australian court may take evidence and receive submissions by video link or telephone conference in New Zealand
174 Powers of Australian court
175 Orders of Australian court
176 Place where evidence given part of Australian court
177 Privileges, protections, and immunities of Judges, counsel, and witnesses in Australian proceedings
178 Power of Australian court to administer oaths in New Zealand
179 Contempt of Australian court
180 Assistance to Australian court
Enforcement of Australian orders
181 Enforcement of certain orders made by Australian court
Subpart 2—Evidence for use in civil proceedings overseas and evidence for use in civil proceedings in High Court
183 Relationship with subpart 1
Evidence for use in civil proceedings overseas
184 Application to High Court for assistance in obtaining evidence for civil proceedings in another court
185 Power of High Court to give effect to application for assistance
187 Orders not to bind the Crown or Crown servants
Procedure for taking evidence overseas for use in civil proceedings in High Court
188 Procedure for taking evidence outside New Zealand in civil proceedings in High Court
Subpart 3—Evidence for use in overseas criminal proceedings
191 Relationship with subpart 1
192 Examination of witness at request of overseas court
193 Powers may be exercised by Registrar
194 Evidence in support of application
197 Solicitor may take affidavit or declaration
198 False affidavit or declaration
Subpart 4—Rules and regulations
Periodic review of operation of Act
202 Periodic review of operation of Act
203 Notice of hearsay before commencement
204 Notice before commencement relating to co-defendants’ veracity
205 Notice before commencement concerning propensity evidence about co-defendants
206 Identification already carried out
207 Transitional provisions relating to Law Practitioners Act 1982
208 Transitional provision relating to communication assistance
209 Transitional provision relating to cross-examination by unrepresented parties
210 Transitional provision concerning alternative ways of giving evidence
211 Transitional provision concerning giving of evidence by child complainants
212 Transitional provision relating to offering documents in evidence without calling witness
213 Transitional provision relating to translation and transcripts
