Evidence Amendment Act 2016

Reprint as at 8 January 2017

Coat of Arms of New Zealand

Evidence Amendment Act 2016

Public Act
2016 No 44
Date of assent
22 September 2016
see section 2

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


3Principal Act
4Section 4 amended (Interpretation)
5Section 12A repealed (Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved)
6Section 16 amended (Interpretation)
7Section 22 amended (Notice of hearsay in criminal proceedings)
8New section 22A inserted (Admissibility of hearsay statement against defendant)
22AAdmissibility of hearsay statement against defendant
9Section 27 amended (Defendants’ statements offered by prosecution)
10Section 30 amended (Improperly obtained evidence)
11Section 35 amended (Previous consistent statements rule)
12Section 37 amended (Veracity rules)
13Section 38 amended (Evidence of defendant’s veracity)
14Section 44 amended (Evidence of sexual experience of complainants in sexual cases)
15New section 44A inserted (Application to offer evidence or ask question about sexual experience of complainant in sexual cases)
44AApplication to offer evidence or ask question about sexual experience of complainant in sexual cases
16Section 45 amended (Admissibility of visual identification evidence)
17Section 46A repealed (Caution regarding reliance on identification evidence)
18Section 50 amended (Civil judgment as evidence in civil or criminal proceedings)
19Section 51 amended (Interpretation)
20Section 54 amended (Privilege for communications with legal advisers)
21Section 57 amended (Privilege for settlement negotiations or mediation)
22Section 59 amended (Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists)
23Section 66 amended (Joint and successive interests in privileged material)
24Section 79 amended (Support persons)
25Section 90 amended (Use of documents in questioning witness or refreshing memory)
26Section 95 amended (Restrictions on cross-examination by parties in person)
27Section 102 amended (Application)
28Section 103 amended (Directions about alternative ways of giving evidence)
29Section 106 amended (Video record evidence)
30Cross-heading above section 107 replaced
31Section 107 replaced (Directions about way child complainants are to give evidence)
107Alternative ways of giving evidence by child witnesses in criminal proceedings
107AApplication by party calling child witness for witness to give evidence in ordinary way
107BApplication by any other party for child witness to give evidence in ordinary way or different alternative way
32New cross-heading above section 119 inserted
33Section 119 amended (Offences)
34New sections 119A and 119B inserted
119ARequirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings
119BMatters Judge or judicial officer must consider before ordering disclosure of video record or giving direction for disclosure
35Section 126 amended (Judicial warnings about identification evidence)
36Section 201 amended (Regulations)
37Section 202 amended (Periodic review of operation of Act)
38Consequential amendments and revocation
Reprint notes

The Parliament of New Zealand enacts as follows: