Plain language law

New Zealand law explained for everyone

Human Rights Act 1993

Human Rights Review Tribunal - Procedure of Tribunal

106: Evidence in proceedings before Tribunal

You could also call this:

"What evidence is allowed when you're at a Tribunal hearing"

Illustration for Human Rights Act 1993

When you are in a proceeding before the Tribunal, they can ask people for evidence and information. They can also ask people to come and give evidence in person. The Tribunal can fully question any witness and accept any statement, document, or information that might help them make a decision, even if it wouldn't be allowed in a court of law. The Tribunal can also take evidence on oath, which means they can ask people to promise to tell the truth. You can give evidence by reading a written statement and promising it's true, if the Tribunal allows it. The Tribunal generally follows the same rules as a court when it comes to evidence, as outlined in the Evidence Act 2006.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305410.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

105: Substantial merits, or

"The Tribunal must consider what is fair and right in your case."

Next

107: Sittings to be held in public except in special circumstances, or

"Most court meetings are open to the public, but can be private in special cases."

Part 4Human Rights Review Tribunal
Procedure of Tribunal

106Evidence in proceedings before Tribunal

  1. The Tribunal may—

  2. call for evidence and information from the parties or any other person:
    1. request or require the parties or any other person to attend the proceedings to give evidence:
      1. fully examine any witness:
        1. receive as evidence any statement, document, information, or matter that may, in its opinion, assist to deal effectively with the matter before it, whether or not it would be admissible in a court of law.

          1. The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath.

          2. The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath.

          3. Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal in the same manner as if the Tribunal were a court within the meaning of that Act.

          Compare
          • 1977 No 49 s 52
          Notes
          • Section 106(1): substituted, on , by section 19 of the Human Rights Amendment Act 2001 (2001 No 96).
          • Section 106(4): amended, on , by section 216 of the Evidence Act 2006 (2006 No 69).