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Evidence Act 2006

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Evidence Act 2006 Reprint as at 1 July 2019 Evidence Act 2006 Public Act 2006 No 69 Date of assent 4 December 2006 Commencement see section 2 Contents Page 1 Title 10 2 Commencement 10 Part 1 Preliminary provisions General 3 Act to bind the Crown 10 4 Interpretation 10 5 Application 16 Purpose, principles, and matters of general application 6 Purpose 16 7 Fundamental principle that relevant evidence admissible 16 8 General exclusion 17 9 Admission by agreement 17 10 Interpretation of Act 17 11 Inherent and implied powers not affected 18 12 Evidential matters not provided for 18 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Justice. 1 Reprinted as at Evidence Act 2006 1 July 2019 12A Rules of common law relating to statements of co-conspirators, 18 persons involved in joint criminal enterprises, and certain co- defendants preserved [Repealed] 13 Establishment of relevance of document 18 14 Provisional admission of evidence 18 15 Evidence given to establish admissibility 18 Part 2 Admissibility rules, privilege, and confidentiality Subpart 1—Hearsay evidence 16 Interpretation 19 17 Hearsay rule 20 18 General admissibility of hearsay 20 19 Admissibility of hearsay statements contained in business records 20 20 Admissibility in civil proceedings of hearsay statements in 21 documents related to applications, discovery, or interrogatories 21 Defendant who does not give evidence in criminal proceeding may 21 not offer own statement 22 Notice of hearsay in criminal proceedings 21 22A Admissibility of hearsay statement against defendant 22 Subpart 2—Statements of opinion and expert evidence 23 Opinion rule 22 24 General admissibility of opinions 23 25 Admissibility of expert opinion evidence 23 26 Conduct of experts in civil proceedings 23 Subpart 3—Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings 27 Defendants’ statements offered by prosecution 23 28 Exclusion of unreliable statements 24 29 Exclusion of statements influenced by oppression 25 30 Improperly obtained evidence 25 31 Prosecution may not rely on certain evidence offered by other 27 parties 32 Fact-finder not to be invited to infer guilt from defendant’s silence 27 before trial 33 Restrictions on comment on defendant’s right of silence at trial 27 34 Admissions in civil proceedings 27 Subpart 4—Previous consistent statements made by witness 35 Previous consistent statements rule 28 2 Reprinted as at 1 July 2019 Evidence Act 2006 Subpart 5—Veracity and propensity Application 36 Application of subpart to evidence of veracity and propensity 28 Evidence of veracity 37 Veracity rules 29 38 Evidence of defendant’s veracity 29 39 Evidence of co-defendant’s veracity 30 Evidence of propensity 40 Propensity rule 30 41 Propensity evidence about defendants 31 42 Propensity evidence about co-defendants 31 43 Propensity evidence offered by prosecution about defendants 32 Complainants in sexual cases 44 Evidence of sexual experience of complainants in sexual cases 32 44A Application to offer evidence or ask question about sexual 33 experience of complainant in sexual cases Subpart 6—Identification evidence 45 Admissibility of visual identification evidence 34 46 Admissibility of voice identification evidence 36 46A Caution regarding reliance on identification evidence [Repealed] 36 Subpart 7—Evidence of convictions and civil judgments 47 Conviction as evidence in civil proceedings 36 48 Conviction as evidence in defamation proceedings 37 49 Conviction as evidence in criminal proceedings 37 50 Civil judgment as evidence in civil or criminal proceedings 37 Subpart 8—Privilege and confidentiality Matters relating to interpretation and procedure 51 Interpretation 38 52 Orders for protection of privileged or confidential material, or 39 material relating to matters of State Privilege 53 Effect and protection of privilege 40 54 Privilege for communications with legal advisers 40 55 Privilege and solicitors’ trust accounts 41 56 Privilege for preparatory materials for proceedings 42 57 Privilege for settlement negotiations, mediation, or plea 42 discussions 58 Privilege for communications with ministers of religion 44 59 Privilege in criminal proceedings for information obtained by 44 medical practitioners and clinical psychologists 3 Reprinted as at Evidence Act 2006 1 July 2019 60 Privilege against self-incrimination 45 61 Discretion as to incrimination under foreign law 46 62 Claiming privilege against self-incrimination in court proceedings 47 63 Replacement of privilege with respect to disclosure requirements 47 in civil proceedings 64 Informers 47 65 Waiver 48 66 Joint and successive interests in privileged material 48 67 Powers of Judge to disallow privilege 49 Confidentiality 68 Protection of journalists’ sources 49 69 Overriding discretion as to confidential information 50 70 Discretion as to matters of State 51 Part 3 Trial process Subpart 1—Eligibility and compellability 71 Eligibility and compellability generally 52 72 Eligibility of Judges, jurors, and counsel 52 73 Compellability of defendants and associated defendants in criminal 52 proceedings 74 Compellability of Sovereign and certain other persons 53 75 Bank officer not compellable to produce banking records 53 76 Evidence of jury deliberations 53 Subpart 2—Oaths and affirmations 77 Witnesses to give evidence on oath or affirmation 54 78 Interpreters to act on oath or affirmation 54 Subpart 3—Support, communication assistance, and views 79 Support persons 55 80 Communication assistance 55 81 Communication assistance need not be provided in certain 56 circumstances 82 Views 56 Subpart 4—Questioning of witnesses 83 Ordinary way of giving evidence 57 84 Examination of witnesses 57 85 Unacceptable questions 58 86 Restriction of publication 58 87 Privacy as to witness’s precise address 58 88 Restriction on disclosure of complainant’s occupation in sexual 59 cases 89 Leading questions in examination in chief and re-examination 59 4 Reprinted as at 1 July 2019 Evidence Act 2006 90 Use of documents in questioning witness or refreshing memory 59 91 Editing of inadmissible statements 60 92 Cross-examination duties 60 93 Limits on cross-examination 61 94 Cross-examination by party of own witness 61 95 Restrictions on cross-examination by parties in person 61 96 Cross-examination on previous statements of witnesses 62 97 Re-examination 63 98 Further evidence after closure of case 63 99 Witnesses recalled by Judge 64 100 Questioning of witnesses by Judge 64 101 Jury questions 64 Subpart 5—Alternative ways of giving evidence 102 Application 64 102A Relationship of Courts (Remote Participation) Act 2010 to sections 65 103 to 106 General 103 Directions about alternative ways of giving evidence 65 104 Chambers hearing before directions for alternative ways of giving 66 evidence 105 Alternative ways of giving evidence 66 106 Video record evidence 67 Giving of evidence by family violence complainants 106A Giving of evidence by family violence complainants 69 106B Application by defendant for family violence complainant to give 69 evidence in ordinary way or different alternative way Giving of evidence by child witnesses 107 Alternative ways of giving evidence by child witnesses in criminal 70 proceedings 107A Application by party calling child witness for witness to give 71 evidence in ordinary way 107B Application by any other party for child witness to give evidence 71 in ordinary way or different alternative way Giving of evidence by undercover Police officers 108 Undercover Police officers 72 109 Effect of certificate under section 108 73 Giving of evidence by anonymous witnesses 110 Pre-trial witness anonymity order 74 111 Effect of pre-trial witness anonymity order 76 112 Witness anonymity order for purpose of High Court trial 77 113 Effect of witness anonymity under section 112 78 5 Reprinted as at Evidence Act 2006 1 July 2019 114 Trial to be held in High Court if witness anonymity order made 78 115 Judge may appoint independent counsel to assist 79 116 Judge may make orders and give directions to preserve anonymity 79 of witness 117 Variation or discharge of witness anonymity order during trial 80 118 Witness in Police witness protection programme 80 Offences and requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings 119 Offences 80 119A Requirements for disclosure of video records in proceedings other 82 than under section 106 or in Family Court proceedings 119B Matters Judge or judicial officer must consider before ordering 83 disclosure of video record or giving direction for disclosure Signature of statements by assumed name 120 Persons who may sign statements by assumed name 83 Subpart 6—Corroboration, judicial directions, and judicial warnings 121 Corroboration 83 122 Judicial directions about evidence which may be unreliable 84 123 Judicial directions about certain ways of offering evidence 85 124 Judicial warnings about lies 85 125 Judicial directions about children’s evidence 85 126 Judicial warnings about identification evidence 86 127 Delayed complaints or failure to complain in sexual cases 86 Subpart 7—Notice of uncontroverted facts and reference to reliable public documents 128 Notice of uncontroverted facts 87 129 Admission of reliable published documents 87 Subpart 8—Documentary evidence and evidence
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