Law of Evidence at New Zealand
In New Zealand, the law of evidence is primarily governed by the Evidence Act 2006, which consolidated and modernized previous statutes and common law principles. The Act aims to ensure that evidence is presented in a manner that promotes fairness, efficiency, and justice in legal proceedings.
Key Principles of the Evidence Act 2006
Relevance of Evidence
Section 7 establishes that all relevant evidence is admissible unless it is inadmissible under the Act or any other legislation. Evidence is considered relevant if it has a tendency to prove or disprove a fact of consequence to the determination of the proceeding.
Hearsay Rule and Exceptions
The Act generally prohibits hearsay evidence—statements made out of court offered to prove the truth of their contents. However, there are numerous exceptions where hearsay may be admissible, such as statements made under certain conditions or in specific contexts.
Opinion Evidence
Section 23 restricts the admissibility of opinion evidence, allowing it only when it is necessary to assist the court in understanding the witness's perception of events. Expert opinion evidence is governed by Section 25, which permits such evidence if it is likely to assist the court in understanding matters beyond common knowledge.
Improperly Obtained Evidence
Section 30 addresses the admissibility of evidence that has been improperly or illegally obtained. The court must consider whether the admission of such evidence would have an adverse effect on the fairness of the proceeding.
Privilege
The Act recognizes various privileges, including legal professional privilege, which protects confidential communications between lawyers and their clients. Section 54 outlines the scope and application of these privileges.
Recent Developments and Reforms
In March 2024, the New Zealand Law Commission released its third and final review of the Evidence Act 2006, recommending several reforms to address emerging issues and enhance the justice system's effectiveness. (Simpson Grierson - Law Commission Recommends Evidence Act and Privilege Reform)
Key Recommendations Include:
Māori Knowledge and Tikanga: Creating a new exception to the hearsay rule to allow the admission of mātauranga Māori (Māori knowledge) and tikanga Māori (Māori customs) in legal proceedings.
Witness Statements: Permitting the admission of out-of-court statements from witnesses who are too fearful to testify in court due to intimidation or other factors.
Improperly Obtained Evidence: Reforming the rules governing improperly obtained evidence to provide clearer guidance on balancing public interests and ensuring consistent admissibility decisions.
Prison Informant Evidence: Implementing specific safeguards for the admission of evidence from prison informants to prevent potential miscarriages of justice.
These recommendations aim to modernize the Evidence Act and address contemporary challenges in the legal landscape.
Accessing the Evidence Act 2006
The full text of the Evidence Act 2006, including all amendments and updates, is available on the New Zealand Legislation website:
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