Evidence Amendment Act 1952

1: Short Title and commencement
1: This Act may be cited as the Evidence Amendment Act 1952 Evidence Act 1908
2: This Act shall come into force on the 1st day of January 1953. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Competency of witness
2: Section 2 repealed Evidence Amendment Act 1987 Photographic copies
3: Interpretation
For the purposes of the next 2 succeeding sections, unless the context otherwise requires,— Authorised person Authorised person: this definition was repealed 51(3)﻿(a) Evidence Amendment Act (No 2) 1980 Document Document: this definition was substituted 51(1) Evidence Amendment Act (No 2) 1980 Film microfiche Film: The word microfiche inserted 51(2) Evidence Amendment Act (No 2) 1980 Government Government: this definition was amended 1 March 2002 170(1) Public Trust Act 2001 by omitting the Public Trustee, See clause 2 Public Trust Act Commencement Order 2002 Public record This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
4: Photographic copies of public records to be evidence
A print, whether enlarged or not, from a film of any public record produced or certified by the officer to whose custody the film is entrusted shall be admissible in evidence in all cases in which and for all purposes for which the public record would have been admissible. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
5: Proof of photographic copies of documents of Government and authorised persons
1: A print, whether enlarged or not, from a film taken of any document kept or held by the Government or any person shall be admissible in evidence in all cases in which and for all purposes for which the document would have been admissible, upon proof that—
a: The document was in the custody or control of the person who photographed it or caused it to be photographed; and
b: The film was taken in order to keep a permanent record of the document; and
c: The document photographed was subsequently destroyed, whether deliberately or otherwise, or was so damaged as to be wholly or partly indecipherable, or was lost, or passed out of the custody or control of the Government or, as the case may be, the person having its custody or control.
2: Proof of compliance with the conditions prescribed by this section may be given in respect of any document or group of documents by any one or more of the employees of the Government or as the case may be, the person having the custody or control of the document or group of documents
3: The death of any person by whom an affidavit or statutory declaration has been made for the purposes of this section shall not affect the admissibility of the affidavit or declaration.
4: Unless the Court otherwise orders, a notarial copy of any affidavit or statutory declaration made for the purposes of this section shall be admissible in evidence in place of the original affidavit or declaration.
4A: A print, whether enlarged or not, from a film of any affidavit or statutory declaration made for any of the purposes of this section, and referring to the document photographed, shall be admissible in evidence in place of the original affidavit or declaration, if the photographic copy of the affidavit or declaration is sufficiently identified with the document to which it relates
5: This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (1) substituted 50(1) Evidence Amendment Act (No 2) 1980 In subsection (2) as the case may be, the person having the custody or control of the document or group of documents substituted authorised person 51(3)﻿(b) Evidence Amendment Act (No 2) 1980 Subsection (4A) inserted Evidence Amendment Act 1958 In subsection (4A) is sufficiently identified with the document to which it relates substituted 50(2) Evidence Amendment Act (No 2) 1980 Subsection (5) repealed 51(3)﻿(c) Evidence Amendment Act (No 2) 1980 Verification of documents, etc
6: Verification of documents executed out of New Zealand
1: Every document of any kind duly executed out of New Zealand (whether before or after the commencement of this Act) shall, so far as regards the execution thereof, be admissible in evidence in any Court and before any person acting judicially if the execution is verified in any of the following ways, that is to say:
a: Where the document is executed in any foreign country, then—
i: If it purports to be executed before a Commonwealth representative exercising his functions in that country and to be sealed with his seal of office (if any), or if there is endorsed thereon or annexed thereto a declaration of the due execution thereof purporting to be made by an attesting witness thereto before any such Commonwealth representative as aforesaid, and to be sealed as aforesaid; or
ii: By or before a notary public exercising his office in that country; or
iii: In any case where the provisions of section 9 Evidence Amendment Act 1945
b: Where the document is executed in any Commonwealth country, then—
i: In a manner prescribed by paragraph (a) of this subsection for documents executed in a foreign country; or
ii: In the manner (if any) prescribed by the law of that country for the verification of documents to be used abroad.
2: It shall be presumed that any seal or signature impressed, affixed, appended, or subscribed on or to any document tendered in evidence under this section is genuine, and that the person appearing to have signed or attested any such document had in fact authority to sign or attest it, and that any such document was in fact made in accordance with the law under which it purports to have been made, unless the party objecting to the admission of the document proves the contrary.
3: In this section— Commonwealth country Commonwealth representative In subsection (3) Commonwealth representative substituted Evidence Amendment Act 1963
4: This section is in substitution for section 119 of the Property Law Act 1908 1908 No 152 s 119 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
7: Evidence of registered instruments
1: After any instrument authorised to be registered under the Deeds Registration Act 1908
2: This section is in substitution for section 120 of the Property Law Act 1908 section 6 1908 No 152 s 120 1945 No 16 s 6(2) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Repeals
8:
1: Section 36
2:
a: These paragraphs amended s 37(1)
b: These paragraphs amended s 37(1)
c: This paragraph amended s 37(1)﻿(a)
d: These paragraphs amended s 37(1)﻿(b)
e: These paragraphs amended s 37(1)﻿(b)
3:
4: The following Acts of the United Kingdom Parliament are hereby repealed so far as they apply to New Zealand:
a: The Evidence Act 1851
b: The Documentary Evidence Act 1868
c: The Documentary Evidence Act 1882 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (3) repealed 11 Evidence Amendment Act 1990