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New Zealand law explained for everyone

Evidence Act 2006

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

15: Evidence given to establish admissibility

You could also call this:

"Using evidence to decide if other evidence is allowed in court"

Illustration for Evidence Act 2006

When you are in court, you might hear evidence from a witness to help decide if other evidence should be allowed. If the witness says something that does not match what they say later, what they said first can be used in the court case. You should know that usually, what the witness said first is not allowed to be used in the court case, except in this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393578.

Topics:
Crime and justice > Courts and legal help
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14: Provisional admission of evidence, or

"Using evidence in court that might not be allowed, but can be used for now"

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16: Interpretation, or

"Understanding what words mean in the law"

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

15Evidence given to establish admissibility

  1. Evidence given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding—

  2. is admissible in the proceeding if the evidence given by the witness is inconsistent with the witness’s subsequent testimony in the proceeding (whether or not the other evidence is admitted):
    1. is not otherwise admissible in the proceeding.