Evidence Amendment Act 2007

Evidence Amendment Act 2007

Public Act2007 No 24
Date of assent3 July 2007

Note

This Act is administered by the Ministry of Justice.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Evidence Amendment Act 2007.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

Part 1
Substantive amendments

4 Application
  • Section 5(3) is amended by omitting Act in the second and third places where it appears and substituting in each case section.

5 New section 12A inserted
  • The following section is inserted after section 12:

    12A Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved
    • Nothing in this Act affects the rules of the common law relating to—

      • (a) the admissibility of statements of co-conspirators or persons involved in joint criminal enterprises; or

      • (b) the admissibility of a defendant's statement against a co-defendant in circumstances where the defendant's statement is accepted by the co-defendant.

6 Defendants' statements offered by prosecution
  • Section 27 is amended by adding the following subsection:

    • (4) To avoid doubt, this section is subject to section 12A.

Part 2
Consequential amendments

7 Exclusion of unreliable statements
  • Section 28(1)(a) is amended by inserting or, if applicable, a co-defendant after the defendant.

8 Exclusion of statements influenced by oppression
  • Section 29(1)(a) is amended by inserting or, if applicable, a co-defendant after the defendant.

9 Improperly obtained evidence
  • Section 30(1)(a) is amended by inserting or, if applicable, a co-defendant after the defendant.


Legislative history

19 June 2007Introduction (Bill 129-1), first reading and referral to Justice and Electoral Committee
22 June 2007Reported from Justice and Electoral Committee (Bill 129-2)
28 June 2007Second reading, committee of the whole House, third reading