Evidence Amendment Bill

  • enacted

Hon Amy Adams

Evidence Amendment Bill

Government Bill

27—3

Contents

Key
1Title
2Commencement
3Principal Act
4Section 4 amended (Interpretation)
6Section 12A repealed (Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved)
7Section 16 amended (Interpretation)
8Section 22 amended (Notice of hearsay in criminal proceedings)
9New section 22A inserted (Admissibility of hearsay statement against defendant)
22AAdmissibility of hearsay statement against defendant
10Section 27 amended (Defendants’ statements offered by prosecution)
11Section 30 amended (Improperly obtained evidence)
12Section 35 amended (Previous consistent statements rule)
13Section 37 amended (Veracity rules)
14Section 38 amended (Evidence of defendant’s veracity)
15Section 44 amended (Evidence of sexual experience of complainants in sexual cases)
16New 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
17Section 45 amended (Admissibility of visual identification evidence)
18Section 46A repealed (Caution regarding reliance on identification evidence)
19Section 50 amended (Civil judgment as evidence in civil or criminal proceedings)
20Section 51 amended (Interpretation)
21Section 54 amended (Privilege for communications with legal advisers)
22Section 57 amended (Privilege for settlement negotiations or mediation)
23Section 59 amended (Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists)
24Section 66 amended (Joint and successive interests in privileged material)
25Section 79 amended (Support persons)
26Section 90 amended (Use of documents in questioning witness or refreshing memory)
27Section 95 amended (Restrictions on cross-examination by parties in person)
28Section 102 amended (Application)
29Section 103 amended (Directions about alternative ways of giving evidence)
30Section 106 amended (Video record evidence)
31Cross-heading above section 107 replaced
32Section 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
32ANew cross-heading above section 119 inserted
33Section 119 amended (Offences)
33ANew 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
34Section 126 amended (Judicial warnings about identification evidence)
35Section 201 amended (Regulations)
35ASection 202 amended (Periodic review of operation of Act)
37Consequential amendments and revocation
Legislative history

The Parliament of New Zealand enacts as follows: