EVIDENCE ACT 2006

New Zealand Acts

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EVIDENCE ACT 2006

- As at 17 June 2025
- Act 69 of 2006

TABLE OF PROVISIONS

1. Title
2. Commencement

PART 1 - Preliminary provisions

3. Act to bind the Crown
4. Interpretation
4A. Transitional, savings, and related provisions
5. Application
6. Purpose
7. Fundamental principle that relevant evidence admissible
8. General exclusion
9. Admission by agreement
10. Interpretation of Act
11. Inherent and implied powers not affected
12. Evidential matters not provided for
12A. Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved
13. Establishment of relevance of document
14. Provisional admission of evidence
15. Evidence given to establish admissibility

PART 2 - Admissibility rules, privilege, and confidentiality

SUBPART 1 - Hearsay evidence

16. Interpretation
17. Hearsay rule
18. General admissibility of hearsay
19. Admissibility of hearsay statements contained in business records
20. Admissibility in civil proceedings of hearsay statements in documents related to applications, discovery, or interrogatories
21. Defendant who does not give evidence in criminal proceeding may not offer own statement
22. Notice of hearsay in criminal proceedings
22A. Admissibility of hearsay statement against defendant

SUBPART 2 - Statements of opinion and expert evidence

23. Opinion rule
24. General admissibility of opinions
25. Admissibility of expert opinion evidence
26. Conduct of experts in civil proceedings

SUBPART 3 - Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings

27. Defendants’ statements offered by prosecution
28. Exclusion of unreliable statements
29. Exclusion of statements influenced by oppression
30. Improperly obtained evidence
31. Prosecution may not rely on certain evidence offered by other parties
32. Fact-finder not to be invited to infer guilt from defendant’s silence before trial
33. Restrictions on comment on defendant’s right of silence at trial
34. Admissions in civil proceedings

SUBPART 4 - Previous consistent statements made by witness

35. Previous consistent statements rule

SUBPART 5 - Veracity and propensity

36. Application of subpart to evidence of veracity and propensity
37. Veracity rules
38. Evidence of defendant’s veracity
39. Evidence of co-defendant’s veracity
40. Propensity rule
41. Propensity evidence about defendants
42. Propensity evidence about co-defendants
43. Propensity evidence offered by prosecution about defendants
44. Evidence of sexual experience or sexual disposition of complainants in sexual cases
44AA. Evidence of sexual reputation of complainants in sexual cases
44A. Application to offer evidence or ask questions about sexual experience or sexual disposition or sexual reputation of complainants in sexual cases

SUBPART 6 - Identification evidence

45. Admissibility of visual identification evidence
46. Admissibility of voice identification evidence
46A. Caution regarding reliance on identification evidence

SUBPART 7 - Evidence of convictions and civil judgments

47. Conviction as evidence in civil proceedings
48. Conviction as evidence in defamation proceedings
49. Conviction as evidence in criminal proceedings
50. Civil judgment as evidence in civil or criminal proceedings

SUBPART 8 - Privilege and confidentiality

51. Interpretation
52. Orders for protection of privileged or confidential material, or material relating to matters of State
53. Effect and protection of privilege
54. Privilege for communications with legal advisers
55. Privilege and solicitors’ trust accounts
56. Privilege for preparatory materials for proceedings
57. Privilege for settlement negotiations, mediation, or plea discussions
58. Privilege for communications with ministers of religion
59. Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists
60. Privilege against self-incrimination
61. Discretion as to incrimination under foreign law
62. Claiming privilege against self-incrimination in court proceedings
63. Replacement of privilege with respect to disclosure requirements in civil proceedings
64. Informers
65. Waiver
66. Joint and successive interests in privileged material
67. Powers of Judge to disallow privilege
68. Protection of journalists’ sources
69. Overriding discretion as to confidential information
70. Discretion as to matters of State

PART 3 - Trial process

SUBPART 1 - Eligibility and compellability

71. Eligibility and compellability generally
72. Eligibility of Judges, jurors, and counsel
73. Compellability of defendants and associated defendants in criminal proceedings
74. Compellability of Sovereign and certain other persons
75. Bank officer not compellable to produce banking records
76. Evidence of jury deliberations

SUBPART 2 - Oaths and affirmations

77. Witnesses to give evidence on oath or affirmation
78. Interpreters to act on oath or affirmation

SUBPART 3 - Support, communication assistance, and views

79. Support persons
80. Communication assistance
81. Communication assistance need not be provided in certain circumstances
82. Views

SUBPART 4 - Questioning of witnesses

83. Ordinary way of giving evidence
84. Examination of witnesses
85. Unacceptable questions
86. Restriction of publication
87. Privacy as to witness’s precise address
88. Restriction on disclosure of complainant’s occupation in sexual cases
89. Leading questions in examination in chief and re-examination
90. Use of documents in questioning witness or refreshing memory
91. Editing of inadmissible statements
92. Cross-examination duties
93. Limits on cross-examination
94. Cross-examination by party of own witness
95. Restrictions on cross-examination by parties in person
96. Cross-examination on previous statements of witnesses
97. Re-examination
98. Further evidence after closure of case
99. Witnesses recalled by Judge
100. Questioning of witnesses by Judge
101. Jury questions

SUBPART 5 - Alternative ways of giving evidence

102. General provisions are subject to provisions for specific situations
102A. Relationship of Courts (Remote Participation) Act 2010 to this subpart
103. Directions about alternative ways of giving evidence
104. Chambers hearing before directions for alternative ways of giving evidence
105. Alternative ways of giving evidence
106. Video record evidence
Note
106AA. Sections 106A and 106B apply to family violence complainants
106A. Giving of evidence by family violence complainants
106B. Application by defendant for family violence complainant to give evidence in ordinary way or different alternative way
Note
106C. Sections 106D to 106J apply to sexual case complainants or propensity witnesses
106D. Giving of evidence by sexual case complainants or propensity witnesses
106E. Application by prosecutor for sexual case complainant or propensity witness who is child to give evidence in ordinary way
106F. Application by any other party for sexual case complainant or propensity witness to give evidence in ordinary way or different alternative way
106G. Direction that sexual case complainant’s or propensity witness’s cross-examination evidence not be given by video record made before trial
106H. Further cross-examination if all evidence of sexual case complainant or propensity witness has been or is to be given by video record made before trial
106I. Video record evidence: sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial
106IA. Procedure if video record evidence under section 106 not offered, or not admitted, as evidence in chief
106J. Making of video record of sexual case complainant’s or propensity witness’s evidence given at trial and not given by video record made before trial
Note
107AA. Sections 107 to 107B apply to child witnesses
107. Alternative ways of giving evidence by child witnesses in criminal proceedings
107A. Application by party calling child witness for witness to give evidence in ordinary way
107B. Application by any other party for child witness to give evidence in ordinary way or different alternative way
108. Undercover Police officers
109. Effect of certificate under section 108
Note
109A. Certificates relating to intelligence officers and intelligence sources
109B. Effect of certificate under section 109A
110. Pre-trial witness anonymity order
111. Effect of pre-trial witness anonymity order
112. Witness anonymity order for purpose of High Court trial
113. Effect of witness anonymity under section 112
114. Trial to be held in High Court if witness anonymity order made
115. Judge may appoint independent counsel to assist
116. Judge may make orders and give directions to preserve anonymity of witness
117. Variation or discharge of witness anonymity order during trial
118. Witness in Police witness protection programme
Note
119. Offences
119A. Requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings
119B. Matters Judge or judicial officer must consider before ordering disclosure of video record or giving direction for disclosure
120. Persons who may sign statements by assumed name or anonymously

SUBPART 6 - Corroboration, judicial directions, and judicial warnings

121. Corroboration
122. Judicial directions about evidence which may be unreliable
123. Judicial directions about certain ways of offering evidence
124. Judicial warnings about lies
125. Judicial directions about children’s evidence
126. Judicial warnings about identification evidence
126A. Judicial directions about misconceptions arising in sexual cases
127. Delayed complaints or failure to complain in sexual cases

SUBPART 7 - Notice of uncontroverted facts and reference to reliable public documents

128. Notice of uncontroverted facts
129. Admission of reliable published documents

SUBPART 8 - Documentary evidence and evidence produced by machine, device, or technical process

130. Offering documents in evidence without calling witness
131. Admission of depositions
132. Documents required to be discovered or included in common bundle
133. Summary of voluminous documents
134. Admission of documents discovered in civil proceedings
135. Translations and transcripts
136. Proof of signatures on attested documents
137. Evidence produced by machine, device, or technical process
138. Authenticity of public documents
139. Evidence of convictions, acquittals, and other judicial proceedings
140. Proof of conviction by fingerprints
141. New Zealand and foreign official documents
142. Notification of acts in official documents
143. Presumptions as to New Zealand and foreign official seals and signatures
144. Evidence of foreign law
145. Interpretation
146. Foreign public documents: certificates as to contracting States under Convention
147. Foreign public documents: Convention certificates sufficient authentication of certain matters
148. Evidence of public documents by reference to Australian law
149. Evidence of other public documents

PART 4 - Evidence from overseas or to be used overseas

SUBPART 1 - Proceedings in Australia and New Zealand

150. Interpretation
151. Meaning of specified proceeding
152. Power of Minister of Justice in relation to certain tribunals
153. Act not to apply to certain proceedings in High Court of New Zealand and Federal Court of Australia
153A. Courts (Remote Participation) Act 2010 does not apply to remote appearances under this subpart
153B. Mutual Assistance in Criminal Matters Act 1992 operates in parallel with this subpart
154. Service of New Zealand subpoenas in Australia
155. New Zealand subpoena may require evidence to be given in New Zealand or Australia
156. Service of subpoena
157. Expenses
158. Payment of additional amounts to witness
159. Subpoenas for production
160. Setting aside of subpoena served in Australia
161. Failure to comply with subpoena
162. Other powers not affected
163. Service of Australian subpoenas in New Zealand
164. Compliance with Australian subpoena
165. Failure of witness to comply with Australian subpoena
166. Transmission of documents or things to Australian court
167. Other powers to serve subpoenas not affected
Note
168. New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia
168A. Costs of giving evidence, and making examination and submissions, from Australia
169. Powers of New Zealand court in Australia
170. Evidence, examination, and submissions by audiovisual link
171. Evidence, examination, and submissions by audio link
172. Rights of Australian counsel
Note
173. Australian court may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand
174. Powers of Australian court
175. Orders of Australian court
176. Place where evidence given or examination or submissions made part of Australian court
177. Privileges, protections, and immunities of Judges, counsel, and witnesses in Australian proceedings
178. Power of Australian court to administer oaths in New Zealand
179. Contempt of Australian court
180. Assistance to Australian court
Note
181. Enforcement of certain orders made by Australian court

SUBPART 2 - Evidence for use in civil proceedings overseas and evidence for use in civil proceedings in High Court

182. Interpretation
183. Relationship with subpart 1
184. Application to High Court for assistance in obtaining evidence for civil proceedings in another court
185. Power of High Court to give effect to application for assistance
186. Privileges of witnesses
187. Orders not to bind the Crown or Crown servants
188. Procedure for taking evidence outside New Zealand in civil proceedings in High Court
189. False statements

SUBPART 3 - Evidence for use in overseas criminal proceedings

190. Interpretation
191. Relationship with subpart 1
192. Examination of witness at request of overseas court
193. Powers may be exercised by Registrar
194. Evidence in support of application
195. Protection of witnesses
196. Witnesses’ expenses
197. Solicitor may take affidavit or declaration
198. False affidavit or declaration

SUBPART 4 - Rules and regulations

199. Rules
200. Rules and regulations

PART 5 - Miscellaneous

201. Regulations
Note
201A. Regulations made under section 201(1)(a) may authorise Judge to make order restricting attendance by, or excluding, members of media at making, before trial, of video record of sexual case complainant’s or propensity witness’s evidence
202. Periodic review of operation of Act
203. Notice of hearsay before commencement
204. Notice before commencement relating to co-defendants’ veracity
205. Notice before commencement concerning propensity evidence about co-defendants
206. Identification already carried out
207. Transitional provisions relating to Law Practitioners Act 1982
208. Transitional provision relating to communication assistance
209. Transitional provision relating to cross-examination by unrepresented parties
210. Transitional provision concerning alternative ways of giving evidence
211. Transitional provision concerning giving of evidence by child complainants
212. Transitional provision relating to offering documents in evidence without calling witness
213. Transitional provision relating to translation and transcripts
214. General
215. Repeals
216. Consequential amendments
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 2

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