Evidence Act 2006

• Jurisdiction: New Zealand
• Reference: 2006 No 69
• Citation: 2006 No 69
• Record Number: DLM393462
• Act Number: 69
• Type of Document: Act

Contenidos

• Evidence Act 2006
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Act to bind the Crown
• 4 Interpretation
• 4A Transitional, savings, and related provisions
• 5 Application
• 6 Purpose
• 7 Fundamental principle that relevant evidence admissible
• 8 General exclusion
• 9 Admission by agreement
• 10 Interpretation of Act
• 11 Inherent and implied powers not affected
• 12 Evidential matters not provided for
• 12A Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved
• 13 Establishment of relevance of document
• 14 Provisional admission of evidence
• 15 Evidence given to establish admissibility
• Part 2
• Part 1
• 16 Interpretation
• 17 Hearsay rule
• 18 General admissibility of hearsay
• 19 Admissibility of hearsay statements contained in business records
• 20 Admissibility in civil proceedings of hearsay statements in documents related to applications, discovery, or interrogatories
• 21 Defendant who does not give evidence in criminal proceeding may not offer own statement
• 22 Notice of hearsay in criminal proceedings
• 22A Admissibility of hearsay statement against defendant
• Part 2
• 23 Opinion rule
• 24 General admissibility of opinions
• 25 Admissibility of expert opinion evidence
• 26 Conduct of experts in civil proceedings
• Part 3
• 27 Defendants’ statements offered by prosecution
• 28 Exclusion of unreliable statements
• 29 Exclusion of statements influenced by oppression
• 30 Improperly obtained evidence
• 31 Prosecution may not rely on certain evidence offered by other parties
• 32 Fact-finder not to be invited to infer guilt from defendant’s silence before trial
• 33 Restrictions on comment on defendant’s right of silence at trial
• 34 Admissions in civil proceedings
• Part 4
• 35 Previous consistent statements rule
• Part 5
• 36 Application of subpart to evidence of veracity and propensity
• 37 Veracity rules
• 38 Evidence of defendant’s veracity
• 39 Evidence of co-defendant’s veracity
• 40 Propensity rule
• 41 Propensity evidence about defendants
• 42 Propensity evidence about co-defendants
• 43 Propensity evidence offered by prosecution about defendants
• 44 Evidence of sexual experience or sexual disposition of complainants in sexual cases
• 44AA Evidence of sexual reputation of complainants in sexual cases
• 44A Application to offer evidence or ask questions about sexual experience or sexual disposition or sexual reputation of complainants in sexual cases
• Part 6
• 45 Admissibility of visual identification evidence
• 46 Admissibility of voice identification evidence
• 46A Caution regarding reliance on identification evidence
• Part 7
• 47 Conviction as evidence in civil proceedings
• 48 Conviction as evidence in defamation proceedings
• 49 Conviction as evidence in criminal proceedings
• 50 Civil judgment as evidence in civil or criminal proceedings
• Part 8
• 51 Interpretation
• 52 Orders for protection of privileged or confidential material, or material relating to matters of State
• 53 Effect and protection of privilege
• 54 Privilege for communications with legal advisers
• 55 Privilege and solicitors’ trust accounts
• 56 Privilege for preparatory materials for proceedings
• 57 Privilege for settlement negotiations, mediation, or plea discussions
• 58 Privilege for communications with ministers of religion
• 59 Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists
• 60 Privilege against self-incrimination
• 61 Discretion as to incrimination under foreign law
• 62 Claiming privilege against self-incrimination in court proceedings
• 63 Replacement of privilege with respect to disclosure requirements in civil proceedings
• 64 Informers
• 65 Waiver
• 66 Joint and successive interests in privileged material
• 67 Powers of Judge to disallow privilege
• 68 Protection of journalists’ sources
• 69 Overriding discretion as to confidential information
• 70 Discretion as to matters of...