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Evidence Act 2006

Preliminary provisions - Purpose, principles, and matters of general application

10: Interpretation of Act

You could also call this:

"Understanding the Law: How to Interpret the Act"

Illustration for Evidence Act 2006

When you read this Act, you must understand it in a way that helps achieve its purpose and principles. You should interpret it by considering the common law, but only if the common law agrees with the Act's provisions and promotes its purpose and principles. You can also consider the rule in section 12 when interpreting the Act.

The way you interpret this Act does not change how Part 2 of the Legislation Act 2019 applies to it. This means that when you are interpreting the Act, you still need to follow the rules set out in the Legislation Act 2019.

You must interpret the Act in a way that is consistent with its provisions and principles, and consider the common law and the rule in section 12 as needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393571.

Topics:
Crime and justice > Courts and legal help
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"Agreeing to use evidence in court without having to prove it"

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"This law doesn't change a court's existing powers unless it clearly says so."

Part 1Preliminary provisions
Purpose, principles, and matters of general application

10Interpretation of Act

  1. This Act—

  2. must be interpreted in a way that promotes its purpose and principles; and
    1. is not subject to any rule that statutes in derogation of the common law should be strictly construed; but
      1. may be interpreted having regard to the common law, but only to the extent that the common law is consistent with—
        1. its provisions; and
          1. the promotion of its purpose and its principles; and
            1. the application of the rule in section 12.

            2. Subsection (1) does not affect the application of Part 2 of the Legislation Act 2019 to this Act.

            Notes
            • Section 10(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).