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Evidence Act 2006

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

12: Evidential matters not provided for

You could also call this:

"What to do when there's no rule about the evidence you want to use in court"

Illustration for Evidence Act 2006

If you are deciding whether to allow certain evidence in a court case, and there is no specific rule about it in this Act or any other law, you must consider the purpose and principles outlined in sections 6, 7, and 8. You have to think about what those sections say when you make your decision. You also have to consider what the common law says, but only if it agrees with the purpose and principles and is relevant to your decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393573.

Topics:
Crime and justice > Courts and legal help
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11: Inherent and implied powers not affected, or

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

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12A: Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved, or

"Rules about using things people say when they work together to commit a crime as evidence in court"

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

12Evidential matters not provided for

  1. If there is no provision in this Act or any other enactment regulating the admission of any particular evidence or the relevant provisions deal with that question only in part, decisions about the admission of that evidence—

  2. must be made having regard to the purpose and the principles set out in sections 6, 7, and 8; and
    1. to the extent that the common law is consistent with the promotion of that purpose and those principles and is relevant to the decisions to be taken, must be made having regard to the common law.