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Disputes Tribunal Act 1988

Proceedings of Tribunal - Hearings

40: Evidence

You could also call this:

"What evidence is allowed at a Disputes Tribunal hearing"

Illustration for Disputes Tribunal Act 1988

When you are at a Disputes Tribunal hearing, you can give evidence without promising to tell the truth. But the Tribunal can ask you to promise to tell the truth at any time. The Tribunal can look for more evidence and information on its own. It can get this evidence in any way it thinks is suitable. The Tribunal will share any new evidence it finds with all parties involved. You will have a chance to comment on this new evidence. The Tribunal can use any relevant evidence, even if it would not normally be allowed in court. The Tribunal's rules about evidence are a bit different from a court's rules. You can find more information about the changes to these rules in section 261 of the District Court Act 2016. This law was updated on 1 March 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133690.

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Part 3Proceedings of Tribunal
Hearings

40Evidence

  1. Evidence tendered to the Tribunal by or on behalf of a party to any proceedings need not be given on oath, but the Tribunal may at any stage of the proceedings require that such evidence, or any specified part of such evidence, be given on oath, whether orally or in writing.

  2. The Tribunal may, on its own initiative, seek and receive such other evidence and make such other investigations and inquiries as it thinks fit.

  3. All evidence and information received or ascertained under subsection (2) shall be disclosed to every party, and every party shall be given an opportunity to comment on it.

  4. The Tribunal may receive and take into account any relevant evidence or information, whether or not that evidence or information would normally be admissible in a court of law.

Notes
  • Section 40(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 40(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 40(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).