4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

admission, in relation to a civil proceeding, means a statement that is—

(a)

made by a person who is or becomes a party to the proceeding; and

(b)

adverse to the person’s interest in the outcome of the proceeding

child means a person under the age of 18 years

child complainant, in relation to any proceeding, means a complainant who is a child when the proceeding commences

child witness, in relation to any proceeding, means a witness who is a child when the proceeding commences, and includes a child complainant but does not include a defendant who is a child

common bundle means a compilation of documents that the parties to a civil proceeding wish to offer in evidence at the hearing of the proceeding, being a compilation that—

(a)

is prepared in accordance with rules of court or the practice of a court; and

(b)

is filed in court

communication assistance means oral or written interpretation of a language, written assistance, technological assistance, and any other assistance that enables or facilitates communication with a person who—

(a)

does not have sufficient proficiency in the English language to—

(i)

understand court proceedings conducted in English; or

(ii)

give evidence in English; or

(b)

has a communication disability

conviction means,—

(a)

in sections 47 to 49, a subsisting conviction entered before or after the commencement of this Act by—

(i)

a New Zealand court or a court-martial conducted under New Zealand law in New Zealand or elsewhere; or

(ii)

a court established by, or a court-martial conducted under, the law of Australia, United Kingdom, Canada, or any other foreign country in respect of which an Order in Council has been made under section 140(5); and

(b)

in sections 139 and 140, a subsisting conviction entered before or after the commencement of this Act by a New Zealand or foreign court or a court-martial conducted under New Zealand or foreign law

copy, in relation to a document, includes a copy of a copy and a copy that is not an exact copy of the document but is identical to the document in all relevant respects

country includes a State, territory, province, or other part of a country

court includes the Supreme Court, the Court of Appeal, the High Court, and the District Court

District Court includes—

(a)

the Family Court; and

(b)

the Youth Court

document means—

(a)

any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes—

(i)

a label, marking, or other writing that identifies or describes a thing of which it forms part, or to which it is attached:

(ii)

a book, map, plan, graph, or drawing:

(iii)

a photograph, film, or negative; and

(b)

information electronically recorded or stored, and information derived from that information

enforcement agency means the New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment

expert means a person who has specialised knowledge or skill based on training, study, or experience

expert evidence means the evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence given in the form of an opinion

family violence has the same meaning as in section 9 of the Family Violence Act 2018

family violence case

(a)

means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for, a family violence offence; but

(b)

does not include a sexual case

family violence offence means an offence—

(a)

against any enactment (including the Family Violence Act 2018); and

(b)

involving family violence (as defined in section 9 of that Act)

foreign country means a country other than New Zealand

give evidence means to give evidence in a proceeding—

(a)

in the ordinary way, as described in section 83; or

(b)

in an alternative way, as provided for by section 105; or

(c)

in any other way provided for under this Act or any other enactment

harassment has the same meaning as in section 3 of the Harassment Act 1997

hearsay rule means the rule described in section 17

hearsay statement means a statement that—

(a)

was made by a person other than a witness; and

(b)

is offered in evidence at the proceeding to prove the truth of its contents

hostile, in relation to a witness, means that the witness—

(a)

exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or

(b)

gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or

(c)

refuses to answer questions or deliberately withholds evidence

incriminate means to provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence

international organisation means an organisation of States or governments of States or an organ or agency of an organisation of that kind, and includes the Commonwealth Secretariat

interpreter includes a person who provides communication assistance to a defendant or a witness

investigative questioning means questioning in connection with the investigation of an offence or a possible offence by, or in the presence of,—

(a)

a member of the Police; or

(b)

a person whose functions include the investigation of offences

Judge includes a Justice of the Peace, a community magistrate, and any tribunal

lawyer means a barrister or solicitor, as those terms are defined in section 6 of the Lawyers and Conveyancers Act 2006

leading question means a question that directly or indirectly suggests a particular answer to the question

offer evidence includes eliciting evidence by cross-examining a witness called by another party

opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact

opinion rule means the rule described in section 23

party means a party to a proceeding

Police employee has the same meaning as in section 4 of the Policing Act 2008

previous consistent statements rule means the rule described in section 35

previous statement means a statement made by a witness at any time other than at the hearing at which the witness is giving evidence

proceeding means—

(a)

a proceeding conducted by a court; and

(b)

any interlocutory or other application to a court connected with that proceeding

propensity rule means the rule described in section 40

public document

(a)

means a document that—

(i)

forms part of the official records of the legislative, executive, or judicial branch of the Government of New Zealand or of a foreign country or of a person or body holding a public office or exercising a function of a public nature under the law of New Zealand or a foreign country; or

(ii)

forms part of the official records of an international organisation; or

(iii)

is being kept by, or on behalf of, a branch of any government, person, body, or organisation referred to in subparagraph (i) or (ii), for the purpose of carrying out the official functions of that government, person, body, or organisation; but

(b)

in sections 145 to 147, has the meaning set out in section 145

seal includes a stamp

self-incrimination means the provision by a person of information that could reasonably lead to, or increase the likelihood of, the prosecution of that person for a criminal offence

sexual case means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for,—

(a)

an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961; or

(b)

any other offence against the person of a sexual nature

statement means—

(a)

a spoken or written assertion by a person of any matter; or

(b)

non-verbal conduct of a person that is intended by that person as an assertion of any matter

veracity has the meaning given in section 37

veracity rules means the rules described in section 37

video record means a recording on any medium from which a moving image may be produced by any means; and includes an accompanying sound track

violent case means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for,—

(a)

any of the offences listed in section 87(5)(b) of the Sentencing Act 2002; or

(b)

any other offence of a violent nature against a person

visual identification evidence means evidence that is—

(a)

an assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near a place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done; or

(b)

an account (whether oral or in writing) of an assertion of the kind described in paragraph (a)

voice identification evidence means evidence that is an assertion by a person to the effect that a voice, whether heard first-hand or through mechanical or electronic transmission or recording, is the voice of a defendant or any other person who was connected with an act constituting direct or circumstantial evidence of the commission of an offence

witness means a person who gives evidence and is able to be cross-examined in a proceeding.

(2)

A hearing commences for the purposes of this Act when, at the substantive hearing of the issues that are the subject of proceedings, the party having the right to begin commences to state that party’s case or, having waived the right to make an opening address, calls that party’s first witness.

(3)

[Repealed]

Section 4(1) child witness: inserted, on 8 January 2017, by section 4(1) of the Evidence Amendment Act 2016 (2016 No 44).

Section 4(1) court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 4(1) District Court: replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 4(1) domestic violence: repealed, on 3 December 2018, by section 55(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 4(1) family violence: inserted, on 3 December 2018, by section 55(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 4(1) family violence case: inserted, on 3 December 2018, by section 55(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 4(1) family violence offence: inserted, on 3 December 2018, by section 55(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 4(1) lawyer: amended, on 8 January 2017, by section 4(2) of the Evidence Amendment Act 2016 (2016 No 44).

Section 4(1) Police employee: inserted, on 3 December 2018, by section 55(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 4(1) veracity: inserted, on 8 January 2017, by section 4(1) of the Evidence Amendment Act 2016 (2016 No 44).

Section 4(1) violent case: inserted, on 8 January 2017, by section 4(1) of the Evidence Amendment Act 2016 (2016 No 44).

Section 4(3): repealed, on 1 July 2019, by section 55(4) of the Family Violence (Amendments) Act 2018 (2018 No 47).