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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Hearsay evidence

18: General admissibility of hearsay

You could also call this:

"When can you use what someone else said in court?"

Illustration for Evidence Act 2006

In a court case, you can use a hearsay statement if it is reliable. The statement is reliable when the circumstances around it make sense. You can also use a hearsay statement if the person who made it is not available to be a witness.

If the judge thinks it would cost too much or take too long to get the person who made the statement to be a witness, you can use the hearsay statement. The judge makes this decision to help the court case move forward. This rule is connected to other rules, like sections 20 and 22.

When you use a hearsay statement, it must follow these rules. You need to make sure the statement is reliable and that one of the conditions is met. The conditions are that the person who made the statement is not available or that it would be too expensive or take too long to get them to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393592.

Topics:
Crime and justice > Courts and legal help
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17: Hearsay rule, or

"What is the 'Hearsay rule': a rule that says you usually can't use what someone else said as evidence in court"

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19: Admissibility of hearsay statements contained in business records, or

"When can things people said be used as evidence in court if they're written in business records?"

Part 2Admissibility rules, privilege, and confidentiality
Hearsay evidence

18General admissibility of hearsay

  1. A hearsay statement is admissible in any proceeding if—

  2. the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
    1. either—
      1. the maker of the statement is unavailable as a witness; or
        1. the Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.

        2. This section is subject to sections 20 and 22.