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Mutual Assistance in Criminal Matters Act 1992

Miscellaneous provisions

63: Authentication of documents

You could also call this:

"How to make sure documents are real and can be used in court"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can use a document as evidence in a criminal case if it is authenticated. This means the document must be signed or certified by a Judge, Magistrate, or official from another country. The document must also be verified by a witness or have an official seal. You can verify a document by having a witness swear it is true. Alternatively, the document can have an official seal from a foreign country or government. This rule does not stop you from using other New Zealand laws to prove something or submit a document as evidence. If a document is obtained or produced because of a request under this Act, it can be used as evidence. This is allowed under section 23 and other rules of law about evidence. You can still use other laws to prove things or submit documents as evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274491.

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Crime and justice > Courts and legal help
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Part 4Miscellaneous provisions

63Authentication of documents

  1. Subject to section 23 and to the rules of law relating to the admission of evidence, any document that is obtained, provided, or produced pursuant to a request made under this Act and that is duly authenticated is admissible in evidence in any criminal proceedings.

  2. A document is duly authenticated for the purposes of subsection (1) if—

  3. it purports to be signed or certified by a Judge, Magistrate, or official in or of a foreign country; and
    1. either—
      1. it is verified by the oath of a witness, or of an official of the Government of a foreign country; or
        1. it purports to be sealed with an official or public seal of the foreign country or of a Minister of State, or of a department or official of the Government, of a foreign country.

        2. Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other law of New Zealand.