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Te arotake tuatoru i te Evidence Act 2006 | The third review of the Evidence Act 2006 Law Commission

Contributor(s): Law Commission | Te Aka Matua o Te Ture.
Material type: materialTypeLabelBookSeries: Law Commission report.Publisher: Wellington, New Zealand : Te Aka Matua o te Ture | Law Commission, 2024Description: electronic document (314 pages) ; PDF.ISBN: 978-1-99-115997-7 (Online).ISSN: 1177-6196 (Online).Subject(s): CRIMINAL LAW | CRIMINAL JUSTICE | DOMESTIC VIOLENCE | EVIDENCE | EVIDENCE ACT 2006 | LAW REFORM | LEGISLATION | SEXUAL VIOLENCE | VICTIMS OF SEXUAL VIOLENCE | NEW ZEALANDOnline resources: Download report, PDF | Download report, Word DOCX | Read key recommendations | Access project overview In: Law Commission report, 148, March 2024Summary: Changes to the Evidence Act 2006 are needed to promote the just and efficient determination of court proceedings, concludes Te Aka Matua o te Ture | Law Commission in its report Te Arotake Tuatoru i te Evidence Act 2006 |The Third Review of the Evidence Act 2006, presented to Parliament today. Amokura Kawharu, Law Commission President and lead Commissioner for the review, said: “The Evidence Act governs what evidence can be admitted in civil and criminal cases and how that evidence can be given. It plays a vital role in facilitating the fair, just and speedy determination of proceedings. In general the Act is working well in practice, but there are some areas where we think reform is warranted. For example, there have been longstanding concerns about the operation of the hearsay rule, which may prevent a person’s statement from being used if they do not give evidence in court, and the improperly obtained evidence rule, which governs the use of evidence that has been obtained unlawfully or unfairly. Our recommendations respond to these longstanding concerns as well as emerging issues in evidence law, and will help to ensure the Act is fit for purpose in the future.” The report marks the conclusion of the Commission’s third and final periodic review of the operation of the Act. The Act formerly required the Commission to conduct five-yearly reviews, but this requirement has now been repealed. (From the website). Record #8601
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Law Commission report, 148, March 2024

Changes to the Evidence Act 2006 are needed to promote the just and efficient determination of court proceedings, concludes Te Aka Matua o te Ture | Law Commission in its report Te Arotake Tuatoru i te Evidence Act 2006 |The Third Review of the Evidence Act 2006, presented to Parliament today.

Amokura Kawharu, Law Commission President and lead Commissioner for the review, said:

“The Evidence Act governs what evidence can be admitted in civil and criminal cases and how that evidence can be given. It plays a vital role in facilitating the fair, just and speedy determination of proceedings.

In general the Act is working well in practice, but there are some areas where we think reform is warranted. For example, there have been longstanding concerns about the operation of the hearsay rule, which may prevent a person’s statement from being used if they do not give evidence in court, and the improperly obtained evidence rule, which governs the use of evidence that has been obtained unlawfully or unfairly.

Our recommendations respond to these longstanding concerns as well as emerging issues in evidence law, and will help to ensure the Act is fit for purpose in the future.”

The report marks the conclusion of the Commission’s third and final periodic review of the operation of the Act. The Act formerly required the Commission to conduct five-yearly reviews, but this requirement has now been repealed. (From the website). Record #8601

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