Activity 7.2 - The Evidence Act

Task

The Evidence Act 2006 is obviously written to cover evidence given in all courts at every level. For our purposes it is important to become familiar with the basics of evidence law, given that Judge-alone trials at JP jurisdiction level rarely involve complex evidence, and Justices rarely have to make a ruling on admissibility. However, you do need to have a sound grasp of the basic principles and basic rules of evidence.

Section 6 of the Evidence Act sets out the purpose of the Act quite plainly:

Purpose, principles, and matters of general application

6 Purpose

The purpose of this Act is to help secure the just determination of proceedings by

  1. (a) providing for facts to be established by the application of logical rules; and
  2. (b) providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990; and
  3. (c) promoting fairness to parties and witnesses; and
  4. (d) protecting rights of confidentiality and other important public interests; and
  5. (e) avoiding unjustifiable expense and delay; and
  6. (f) enhancing access to the law of evidence.

Access the Evidence Act 2006 on the Legislation website and spend 30-45 minutes exploring it. In this Act the term 'Judge' includes a Justice of the Peace, a community magistrate, and any tribunal.

Note down five provisions that interest you (are unusual, unexpected or catch your eye for some reason) and write about why you found them interesting.