Evidence Amendment Act (No 2) 1980

1: Short Title, commencement, and application
1: This Act may be cited as the Evidence Amendment Act (No 2) 1980, and shall be read together with and deemed part of the Evidence Act 1908
2: This Act shall come into force on the 1st day of January 1981.
3: This Act shall apply for the purposes of any proceeding commenced on or after the 1st day of January 1981, but shall not apply for the purposes of any proceeding commenced before that date or any appeal, review, or other proceeding relating to the determination of any such proceeding. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
1: Admissibility of hearsay evidence
This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
2: Interpretation
1: In this Part of this Act, unless the context otherwise requires,— Business Business record
a: Pursuant to a duty; or
b: In the course of, and as a record or part of a record relating to, any business,— from information supplied directly or indirectly by any person who had, or may reasonably be supposed by the Court to have had, personal knowledge of the matters dealt with in the information he supplied Court Court: this definition was repealed 1 July 1997 17 Arbitration Act 1996 Document
a: Any writing on any material:
b: Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored:
c: Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
d: Any book, map, plan, graph, or drawing:
e: Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced: Duty Party Proceeding Proceeding: this definition was repealed 1 July 1997 17 Arbitration Act 1996 Statement
2: For the purposes of sections 3 to 8
a: Is dead; or
b: Is outside New Zealand and it is not reasonably practicable to obtain his evidence; or
c: Is unfit by reason of old age or his bodily or mental condition to attend; or
d: Cannot with reasonable diligence be found. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Documentary hearsay evidence
3: Admissibility of documentary hearsay evidence
1: Subject to subsection (2) sections 4 5
a: The maker of the statement had personal knowledge of the matters dealt with in the statement, and is unavailable to give evidence; or
b: The document is a business record, and the person who supplied the information for the composition of the record—
i: Cannot with reasonable diligence be identified; or
ii: Is unavailable to give evidence; or
iii: Cannot reasonably be expected (having regard to the time that has elapsed since he supplied the information and to all the other circumstances of the case) to recollect the matters dealt with in the information he supplied; or
c: In civil proceedings only,—
i: The maker of the statement had personal knowledge of the matters dealt with in the statement; and
ii: Undue delay or expense would be caused by obtaining his evidence.
2: Nothing in subsection (1)
a: Records the oral statement of any person made when the criminal proceeding was, or should reasonably have been, known by him to be contemplated; and
b: Is otherwise inadmissible in the proceeding. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
4: Admissibility of previous statement by witness
1: Nothing in section 3(1)(b)
2: If the Court is of the opinion that the probative value of the previous statement outweighs or may outweigh the probative value of the witness's evidence, the previous statement shall be admitted at the conclusion of the evidence-in-chief of that witness or during his cross-examination, but not otherwise. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
5: Hearsay evidence not corroboration in certain cases
For the purpose of any rule of the common law or of practice or the provisions of any Act requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement that is admissible by virtue of section 3(1)(b) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
6: Proof of document admissible under this Part
A statement in a document that is admissible as evidence under this Part of this Act may be proved by the production of—
a: The original document or of the material part of the document in which the statement is contained; or
b: A copy of the original document, or of the material part of the document in which the statement is contained, certified to be a true copy in such manner as the Court may approve. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Oral hearsay evidence in civil proceedings
7: Admissibility of oral hearsay evidence in civil proceedings
In any civil proceeding where direct oral evidence of a fact would be admissible, any oral statement made by a person and tending to establish that fact shall be admissible as evidence of that fact if the maker of the statement had personal knowledge of the matters dealt with in the statement, and is unavailable to give evidence. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Oral hearsay evidence in criminal proceedings
8: Conditions for admissibility of oral hearsay evidence
In any criminal proceeding where direct oral evidence of a fact would be admissible, any oral statement made by a person and tending to establish that fact shall be admissible as evidence of that fact, if—
a: The maker of the statement had personal knowledge of the matters dealt with in the statement, and is unavailable to give evidence; and
b: The statement qualifies for admission under any of sections 9 to 14 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
9: Statement against interest
1: Subject to section 8
2: In subsection (1) interest This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
10: Statement in course of duty
1: Subject to section 8
2: For the purposes of subsection (1)
a: The matters dealt with in the statement relate to acts of the maker of the statement:
b: The statement was made contemporaneously with the matters dealt with in it. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
11: Pedigree statement
Subject to section 8
a: The statement relates to the existence or nature of family relationship or descent; and
b: The maker of the statement was directly or indirectly related by birth or adoption or by or through marriage to the person whose family relationship to or descent from any other person is in issue in any proceeding; and
c: The maker of the statement made it before any dispute about the matters dealt with in the statement arose. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
12: Post-testamentary statement
1: Subject to section 8 subsection (2)
2: No such statement shall be admissible to prove that the requirements of the Wills Act 1837 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
13: Statement relating to public or general rights, or Maori custom
Subject to section 8 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
14: Dying statement
1: Subject to section 8
a: The maker of the statement is dead; and
b: He knew or believed, or may reasonably be supposed by the Court to have known or believed, that his death was imminent; and
c: He would, if he were not dead, be a competent witness for the party who wishes to adduce the statement as evidence under this section.
2: For the purpose of subsection (1)
a: The maker of the statement entertained any hope of recovery:
b: The statement related to the cause of its maker's injury or illness:
c: The statement was complete. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Provisions of general application
15: Admissibility of oral and documentary hearsay evidence by consent
In any proceeding where direct oral evidence of a fact or an opinion would be admissible, any statement, whether oral or in a document, made by a person and tending to establish that fact or opinion shall be admissible as evidence of that fact or opinion, with the consent of all the parties to the proceeding. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
16: Court may draw inference, etc
For the purpose of deciding whether or not any statement is admissible as evidence under this Part of this Act, the Court may draw any reasonable inference from the circumstances in which the statement was made and, in the case of a statement in a document, from the form or contents of the document in which it is contained; and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be a certificate of a This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 16 amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227
17: Weight to be attached to hearsay evidence
In determining the weight, if any, to be attached to a statement that is admissible as evidence under this Part of this Act, the Court shall have regard to all the circumstances from which any inference can reasonably be drawn relating to the accuracy or otherwise of the statement, and, in particular, to—
a: The time when the statement was made in relation to the occurrence or existence of the facts or opinions stated that the statement is tendered to prove; and
b: The question whether or not the maker of the statement, or any person by or through whom information was supplied to the maker of the statement, had any motive to conceal or misrepresent any fact or opinion relating to the subject-matter of the statement. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
18: Court may reject unduly prejudicial evidence
Notwithstanding sections 3 to 8 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
19: Power of Court hearing appeal
In an appeal from any order made by a Court or by a Judge under this Part of this Act or from any determination of a Court to admit or reject evidence under section 18 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Miscellaneous provisions
20: Savings
1: Nothing in this Part of this Act shall prejudice the admissibility of any evidence that would be admissible apart from the provisions of this Part of this Act.
2: Nothing in this Part of this Act shall render admissible any evidence that is inadmissible under any other Act.
3: Nothing in this Part of this Act shall derogate from—
a: Section 10 section 11
b: The rules of the common law relating to the admissibility of evidence as to complaints:
c: The rules of the common law or the provisions of any Act relating to the admissibility of confessions and admissions of the parties:
d: The rules of the common law relating to evidence of character:
e: The rules of the common law or the provisions of any Act relating to the reading in evidence of depositions taken at a standard committal or for the purposes of a committal hearing Section 20(3)(e) amended 29 June 2009 section 18 Summary Proceedings Amendment Act (No 2) 2008
21: Repeals
1: The following enactments are hereby repealed:
a: Section 25A section 2 of the Evidence Amendment Act 1966
b: Sections 2(2) 3 4 Evidence Amendment Act 1945
c: Section 2 of the Evidence Amendment Act 1966
2: Section 2(1) Evidence Amendment Act 1945 statement This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
2: Convictions, etc, as evidence in civil proceedings
This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
22: Interpretation
In this Part of this Act, unless the context otherwise requires,— Court-martial Armed Forces Discipline Act 1971 Naval Discipline Act 1957 section 15 of the Navy Act 1954 Naval Discipline Act 1957 Conviction
a: In relation to a Court Martial constituted under the Armed Forces Discipline Act 1971
b: In relation to a court-martial or a disciplinary court constituted under the Naval Discipline Act 1957
c: In relation to a court-martial constituted under the Armed Forces Discipline Act 1971 Conviction: in paragraph (a) the Armed Forces Discipline Act 1971 has been substituted This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
23: Conviction as evidence in civil proceeding
1: In any civil proceeding, the fact that a person has been convicted of an offence by or before any Court in New Zealand, or by a court-martial in New Zealand or elsewhere, shall be admissible as evidence for the purpose of proving that he committed that offence, where to do so is relevant to any issue in the civil proceeding.
2: This section shall apply—
a: Whether the person in question was convicted of the offence before or after the commencement of this Act; and
b: Whether he was convicted on a plea of guilty or otherwise; and
c: Whether or not he is a party to the civil proceeding;— but no conviction shall be admissible under this section unless it is a subsisting one.
3: Where any evidence is admitted under this section,—
a: Any party to the proceeding may nevertheless adduce evidence tending to prove that that person did not commit the offence of which he was convicted:
b: Without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based, the contents of any document that is admissible as evidence of the conviction, and the contents of the information, complaint, indictment, or charge-sheet on which the person in question was convicted, shall be admissible in evidence for the purpose of identifying those facts.
4: Nothing in this section shall limit or affect any other enactment whereby a conviction or a finding of fact in any criminal proceeding is, for the purposes of any other proceeding, made conclusive evidence of any fact. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
24: Conviction as evidence in defamation proceeding
1: In any action for defamation based on a statement made by any person to the effect that any other person has committed an offence, proof that, at the time when the statement was made, that other person had been convicted of the offence by or before any Court in New Zealand, or by any court-martial in New Zealand or elsewhere, shall, subject to subsection (2)(b)
2: This section shall apply—
a: Whether the person in question was convicted of the offence before or after the commencement of this Act:
b: If, but only if, the conviction was subsisting at the time when the statement in question was made.
3: Where, in any proceeding in which evidence is admitted under this section, any person is shown to have been convicted of an offence, then, without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based, the contents of any document that is admissible as evidence of the conviction, and the contents of the information, complaint, indictment, or charge-sheet on which that person was convicted, shall be admissible in evidence for the purpose of identifying those facts. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
25: Finding of paternity as evidence in civil proceeding
Section 8(3) Status of Children Act 1969 Domestic Proceedings Act 1968 (or an affiliation order under any corresponding former Act) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 The Domestic Proceedings Act 1968 was repealed replaced Family Proceedings Act 1980
26: Copy of document admissible in cases under this Part
Where in any civil proceeding the contents of any document are admissible as evidence under section 23 24 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
27: Proof of conviction
1: Where in any proceeding it is necessary to prove the conviction of any person of an offence, a certificate containing the substance of the conviction for the offence, purporting to be signed by the Registrar or other officer having the custody of the records of the Court by or before which the offender was convicted, shall, upon proof of the identity of the person, be sufficient evidence of the conviction without proof of the signature or official character of the person appearing to have signed the certificate.
2: The mode of proving a previous conviction authorised by this section shall be in addition to, and not in exclusion of, any other mode authorised by law. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
28: Repeals
Sections 18 to 20 Statutes Amendment Act 1939 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
3: Privilege of witnesses
This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
29: Communication during marriage
A husband shall not be compellable in any proceeding to disclose any communication made to him by his wife during the marriage, and a wife shall not be compellable in any proceeding to disclose any communication made to her by her husband during the marriage. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
30: Evidence of non-access
In any proceeding, either of two spouses may give evidence proving or tending to prove that the spouses did not have sexual relations with each other at any particular time, notwithstanding that the evidence would tend to show that any child born to the wife during the marriage was not the child of the husband. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
31: Communication to minister
1: A minister shall not disclose in any proceeding any confession made to him in his professional character, except with the consent of the person who made the confession.
2: This section shall not apply to any communication made for any criminal purpose. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
32: Disclosure in civil proceeding of communication to medical practitioner or clinical psychologist
1: Subject to subsection (2) no
2: This section shall not apply—
a: In respect of any proceeding in which the sanity or testamentary capacity or other legal capacity of the patient is the matter in dispute:
b: To the disclosure of any communication made to a or a clinical psychologist
c: To any communication made for any criminal purpose.
3: In this section clinical psychologist
a: means a psychologist who is, by his or her scope of practice, permitted to diagnose and treat persons suffering from mental and emotional problems; and
b: includes any person acting in a professional character on behalf of the clinical psychologist in the course of the treatment of any patient by that psychologist medical practitioner protected communication This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (1) amended 13 November 1989 Evidence Amendment Act 1989 by substituting no registered medical practitioner and no clinical psychologist shall a registered medical practitioner shall not Subsection (1) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (2)(b) amended 13 November 1989 Evidence Amendment Act 1989 by inserting or a clinical psychologist Subsection (2)(b) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (3) inserted 13 November 1989 Evidence Amendment Act 1989 Subsection (3) substituted 13 November 1989 Evidence Amendment Act 1989 Subsection (3) substituted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227
33: Disclosure in criminal proceeding of communication to medical practitioner or clinical psychologist
1: Subject to subsection (2) no
2: This section shall not apply to any communication made for any criminal purpose.
3: In subsection (1) protected communication
a: Drug dependency; or
b: Any other condition or behaviour that manifests itself in criminal conduct;— but does not include any communication made to a
4: In subsection (3) clinical psychologist
a: means a psychologist who is, by his or her scope of practice, permitted to diagnose and treat persons suffering from mental and emotional problems; and
b: includes any person acting in a professional character on behalf of the clinical psychologist in the course of the treatment of any patient by that psychologist drug dependency section 2(1) Misuse of Drugs Act 1975 medical practitioner This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (1) amended 13 November 1989 Evidence Amendment Act 1989 by substituting no registered medical practitioner and no clinical psychologist shall a registered medical practitioner shall not Subsection (1) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (3) substituted 13 November 1989 Evidence Amendment Act 1989 Subsection (3) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (4) inserted 13 November 1989 Evidence Amendment Act 1989 Subsection (4) substituted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227
34: Communication to or by patent attorney, etc
1: A registered patent attorney shall not disclose in any proceeding any communication between himself and a client or any other person acting on the client's behalf made for the purpose of obtaining or giving any protected information or advice, except with the consent of the client or, if he is dead, the consent of his personal representative.
2: A person shall not disclose in any proceeding any communication between himself and another person made for the purpose of obtaining or giving any protected information or advice sought by that other person for submission to a registered patent attorney in his professional character, except with the consent of that other person, or if he is dead, the consent of his personal representative.
3: This section shall not apply to any communication made for any criminal purpose.
4: In this section protected information or advice This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
35: Discretion of Court to excuse witness from giving any particular evidence
1: In any proceeding before any Court, the Court may, in its discretion, excuse any witness (including a party) from answering any question or producing any document that he would otherwise be compellable to answer or produce, on the ground that to supply the information or produce the document would be a breach by the witness of a confidence that, having regard to the special relationship existing between him and the person from whom he obtained the information or document and to the matters specified in subsection (2)
2: In deciding any application for the exercise of its discretion under subsection (1)
a: The likely significance of the evidence to the resolution of the issues to be decided in the proceeding:
b: The nature of the confidence and of the special relationship between the confidant and the witness:
c: The likely effect of the disclosure on the confidant or any other person.
3: An application to the Court for the exercise of its discretion under subsection (1)
4: Nothing in subsection (1)
5: In this section Court
a: Any tribunal or authority constituted by or under any Act and having power to compel the attendance of witnesses; and
b: Any other person acting judicially. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
35A: Limitation on professional privilege in respect of searches of solicitors' trust accounts
1: This section applies to books of account and accounting records kept—
a: by a practitioner (within the meaning of the Lawyers and Conveyancers Act 2006 section 112
b: by a nominee company that—
i: is subject to practice rules made by the Council of the New Zealand Law Society pursuant to section 96
ii: is operated by a barrister and solicitor or an incorporated law firm as a nominee in respect of securities and documents of title held for clients.
2: No rule of law conferring any privilege on communications of a professional character between a barrister or solicitor and his client shall prevent, limit, or affect—
a: The issue of a search warrant under section 198 Summary Proceedings Act 1957
b: The giving of any evidence relating to the contents of any such document obtained pursuant to such a warrant in any criminal proceedings for any offence described in the warrant, where the warrant was issued by a District Court Judge.
3: Nothing in this section shall apply to any search warrant issued, or to any entry in any book of account or accounting record made, before the commencement of this section. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 35A inserted 13 March 1985 Evidence Amendment Act 1985 Section 35A(1) substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006
36: Repeals and amendment
1: The following enactments are hereby consequentially repealed:
a: Sections 6 8
b: Section 15 Evidence Amendment Act 1945
c: Section 89(1) of the Matrimonial Proceedings Act 1963
2: The Status of Children Act 1969 section 15(1) Evidence Amendment Act 1945 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
4: Taking of evidence overseas or on behalf of overseas Court
This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
37: Interpretation
In this Part of this Act,— Attendance order section 39 Corresponding Court
a: In relation to any Court in a prescribed country, means the Court in New Zealand that is declared by the Minister of Justice, by notice in the Gazette
b: In relation to a Court in New Zealand, means the Court in a prescribed country that is declared by the Minister of Justice, by notice in the Gazette Examiner
a: Any Judge:
b: Any Registrar or Deputy Registrar of the High Court or of a District Court:
c: Any specified tribunal: Prescribed country Gazette Specified tribunal Gazette section 38(1)(d) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
38: Powers of Minister of Justice
1: The Minister of Justice may, by notice in the Gazette
a: Any State, territory, or country to be a prescribed country for the purposes of this Part of this Act:
b: Any specified Court in New Zealand to be the Court that corresponds to any specified Court in any specified prescribed country:
c: Any specified Court in any specified prescribed country to be the Court that corresponds with any specified Court in New Zealand:
d: Any specified tribunal in New Zealand and any specified tribunal in any specified prescribed country to be tribunals to which this Part of this Act applies.
2: This Part of this Act, with any necessary modifications, shall apply to any tribunals specified in any notice given under subsection (1)(d) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
39: Taking of evidence on request from corresponding Court of prescribed country
1: Where, by or under any Act or law of a prescribed country, provision is made for the evidence of any person that is required in connection with any proceeding to be taken otherwise than at the hearing of the proceeding by a Court, a Court in New Zealand that is a corresponding Court to the Court in the prescribed country before which the proceeding is being held may, upon receipt of a request in writing from that Court in the prescribed country, make an order for the examination of a witness or the production of any specified document by any designated person, or both for such examination and production, before an examiner named in the order at a time and place specified in the order.
2: The order shall require reasonable notice to be given by post to each party to the proceeding at his address as shown in the request of the time when and the place where the examination is to take place or the document is to be produced. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
40: Summons to witness
1: Upon service on a person of an attendance order, together with the payment or tender of a reasonable sum for expenses, the person shall attend at the time and place appointed, and shall have and be subject to the same rights and liabilities as if he were summoned before the Court by which the order was made.
2: For the purposes of subsection (1) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
41: Examination of witness
1: Subject to any directions contained in the attendance order,—
a: Any person ordered to be examined before the examiner may be cross-examined and re-examined; and
b: The examination, cross-examination, and re-examination of persons before the examiner shall be conducted in the same manner as they would have been conducted before the Court that made the order.
2: The examiner may put any question to any person examined before him relating to the meaning of any answer made by that person or relating to any matter arising in the course of the examination.
3: An examiner shall have and may exercise such of the powers of the Court by which he was appointed as are necessary for the proper exercise of his functions under this Part of this Act, and may administer oaths and adjourn the examination from time to time as he thinks fit. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
42: Protection of witness
1: A person shall not be compelled by virtue of an attendance order to give any evidence that he could not be compelled to give in any proceeding in New Zealand.
2: Any person who is required by virtue of an attendance order to give any evidence may object to that requirement on the ground that, for any stated reason, he could not be compelled to give that evidence in the proceeding in the prescribed country.
3: In any case where the person who is subject to an attendance order raises such objection, the following provisions shall apply:
a: The examiner shall—
i: Record the nature of the evidence, and the reasons stated by the person in support of his contention that he could not be compelled to give the evidence in the proceeding in the prescribed country; and
ii: Transmit that record to the corresponding Court with a request for advice on the question whether or not the person could be compelled to give the evidence in the proceeding in the prescribed country:
b: The person shall be required to give the evidence before the examiner, but the examiner shall not transmit that evidence to the corresponding Court unless that Court has advised the examiner that the person could be compelled to give the evidence in the proceeding in the prescribed country.
4: Without limiting subsection (1)
5: In this section references to giving evidence include references to answering any question and to producing any document, and the reference in subsection (3) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
43: Deposition to be signed
1: Where, pursuant to an attendance order,—
a: A person has given evidence to the examiner, his deposition shall be signed by him and by the examiner, or, where the person refuses to sign or requires alterations that the examiner considers to be unjustified, the deposition shall be signed by the examiner, who shall certify that the deposition is a correct record and the reasons for it not being signed by the person:
b: A document has been produced to the examiner by a person not giving evidence, the examiner shall attach to that document a certificate signed by him stating the name of that person.
2: Every deposition and document taken before or produced to the examiner pursuant to an attendance order shall be delivered by the examiner to the Court by which the order was made for transmission to the corresponding Court. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
44: Power of New Zealand Court to request corresponding Court in prescribed country to take evidence for use in New Zealand Court
1: Subject to subsection (2)
2: Such a request may be made in a criminal proceeding if, but only if,—
a: Where the application is made by the accused, the Court considers it necessary or expedient in the interests of justice:
b: Where the application is made by the prosecution, the accused consents.
3: Any deposition received from a corresponding Court that purports to have been signed by the deponent and the examiner or to have been certified as a correct record by the examiner may, subject to the rules of law relating to the admission of evidence, be put in as evidence at the hearing of the proceeding.
4: Any document received from a corresponding Court may, subject to the rules of law relating to the admission of evidence, be put in at the hearing as if produced at the hearing by the person who produced the document pursuant to the order of the corresponding Court.
5: A Court shall take judicial notice of the seal of a corresponding Court and of the signature of any examiner appointed by a corresponding Court. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
45: Power of New Zealand Court to transmit request to other place
Where a Court in New Zealand receives a request from a corresponding Court for the examination of a witness or the production of any specified document by a person, and it appears to the New Zealand Court that the witness or person is not in New Zealand and is not proceeding to New Zealand but is in or proceeding to another country that is a prescribed country under the law of the country of the corresponding Court, the New Zealand Court—
a: May transmit the request to a corresponding Court in that other prescribed country, together with such information as it or he possesses concerning the whereabouts and intended movements of the person:
b: Shall give notice to the corresponding Court from which it received the request that the documents have been so transmitted. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
46: Alternative procedure for taking evidence outside New Zealand in civil proceeding in High Court
1: At any stage of any civil proceeding in the High Court where it appears necessary or expedient in the interests of justice, the High Court or a Judge may order that—
a: Any person named in the order be examined upon oath, upon interrogatories or otherwise, at any place outside New Zealand before any officer of the Court, any overseas representative, or any other person named in the order by name or designation; and
b: Any deposition so taken be filed in Court; and
c: Any party to the proceeding be empowered to give that deposition in evidence in the proceeding, on such terms (if any) as the Court or Judge may direct.
2: In any civil proceeding in the High Court, if the Court or a Judge thinks fit, instead of making an order for the examination of a witness or person under subsection (1)
3: Letters of Request shall be transmitted to and from an overseas Court through such channels as may be prescribed by rules of Court.
4: Subsections (1) to (3) sections 37 to 45
5: Rule 177 and rules 177A to 177F of the Code of Civil Procedure (as inserted by rule 8 of the Supreme Court (Miscellaneous) Amendment Rules 1939 (SR 1939/9) section 3 of the Judicature Amendment Act 1930 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
47: Rules and regulations
1: Without limiting the power to make rules of procedure conferred by the Judicature Act 1908 , the District Courts Act 1947 Family Courts Act 1980
2: The Governor-General may, by Order in Council, make regulations fixing, and requiring the payment of, fees and expenses for or incurred in taking evidence under this Part of this Act. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (1) amended 13 September 2002 6 Family Courts Amendment Act 2000 by substituting , the District Courts Act 1947, and the Family Courts Act 1980 and the District Courts Act 1947 See clause 2 Family Courts Amendment Act Commencement Order 2002
48: Saving
Nothing in this Part of this Act shall limit or affect the power of a Court to require a witness to attend in person before the Court. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
49: Certain provisions of principal Act not to apply to corresponding Court in prescribed country
Sections 48A to 48E section 4 of the Evidence Amendment Act 1962 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
This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
50: Proof of photographic copies of documents
1: This subsection substituted a new subsection for subs (1) Evidence Amendment Act 1952
2: This subsection amended s 5(4A) Evidence Amendment Act 1952 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
51: Further amendments of Evidence Amendment Act 1952
1: This subsection substituted a new definition for the definition of the term document s 3 Evidence Amendment Act 1952
2: This subsection amended the definition of the term film s 3 Evidence Amendment Act 1952
3:
a: This paragraph omitted the definition of the term authorised person s 3 Evidence Amendment Act 1952
b: This paragraph amended s 5(2) Evidence Amendment Act 1952
c: This paragraph repealed s 5(5) Evidence Amendment Act 1952 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
52: Repeal
The Evidence Amendment Act 1973 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007