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Evidence Amendment Bill
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Hon Amy Adams
Evidence Amendment Bill
Government Bill
27—3
Contents
Key
1
Title
2
Commencement
Part 1
Amendments to Evidence Act 2006
3
Principal Act
4
Section 4 amended (Interpretation)
6
Section 12A repealed (Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved)
7
Section 16 amended (Interpretation)
8
Section 22 amended (Notice of hearsay in criminal proceedings)
9
New section 22A inserted (Admissibility of hearsay statement against defendant)
22A
Admissibility of hearsay statement against defendant
10
Section 27 amended (Defendants’ statements offered by prosecution)
11
Section 30 amended (Improperly obtained evidence)
12
Section 35 amended (Previous consistent statements rule)
13
Section 37 amended (Veracity rules)
14
Section 38 amended (Evidence of defendant’s veracity)
15
Section 44 amended (Evidence of sexual experience of complainants in sexual cases)
16
New section 44A inserted (Application to offer evidence or ask question about sexual experience of complainant in sexual cases)
44A
Application to offer evidence or ask question about sexual experience of complainant in sexual cases
17
Section 45 amended (Admissibility of visual identification evidence)
18
Section 46A repealed (Caution regarding reliance on identification evidence)
19
Section 50 amended (Civil judgment as evidence in civil or criminal proceedings)
20
Section 51 amended (Interpretation)
21
Section 54 amended (Privilege for communications with legal advisers)
22
Section 57 amended (Privilege for settlement negotiations or mediation)
23
Section 59 amended (Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists)
24
Section 66 amended (Joint and successive interests in privileged material)
25
Section 79 amended (Support persons)
26
Section 90 amended (Use of documents in questioning witness or refreshing memory)
27
Section 95 amended (Restrictions on cross-examination by parties in person)
28
Section 102 amended (Application)
29
Section 103 amended (Directions about alternative ways of giving evidence)
30
Section 106 amended (Video record evidence)
31
Cross-heading above section 107 replaced
32
Section 107 replaced (Directions about way child complainants are to give evidence)
107
Alternative ways of giving evidence by child witnesses in criminal proceedings
107A
Application by party calling child witness for witness to give evidence in ordinary way
107B
Application by any other party for child witness to give evidence in ordinary way or different alternative way
32A
New cross-heading above section 119 inserted
Offences and requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings
33
Section 119 amended (Offences)
33A
New sections 119A and 119B inserted
119A
Requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings
119B
Matters Judge or judicial officer must consider before ordering disclosure of video record or giving direction for disclosure
34
Section 126 amended (Judicial warnings about identification evidence)
35
Section 201 amended (Regulations)
35A
Section 202 amended (Periodic review of operation of Act)
Part 2
Revocation and amendments to other enactments
37
Consequential amendments and revocation
Schedule 2
Amendment to Act
Legislative history
The Parliament of New Zealand enacts as follows: