Plain language law

New Zealand law explained for everyone

Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Hearsay evidence

19: Admissibility of hearsay statements contained in business records

You could also call this:

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

Illustration for Evidence Act 2006

When you are in court, you might hear something called a hearsay statement. This is when someone says something that another person said. If this hearsay statement is in a business record, it can be used as evidence if the person who said it is not available to be a witness. You might not be able to get the person to be a witness if the judge thinks they won't be able to remember what they said, or if it would cost too much or take too long to get them to court. The judge gets to decide if the hearsay statement can be used, and this rule is also subject to sections 20 and 22.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393593.

Topics:
Crime and justice > Courts and legal help
Previous

18: General admissibility of hearsay, or

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

Next

20: Admissibility in civil proceedings of hearsay statements in documents related to applications, discovery, or interrogatories, or

"Using hearsay in documents for a civil court case if the court rules allow it"

Part 2Admissibility rules, privilege, and confidentiality
Hearsay evidence

19Admissibility of hearsay statements contained in business records

  1. A hearsay statement contained in a business record is admissible if—

  2. the person who supplied the information used for the composition of the record is unavailable as a witness; or
    1. the Judge considers no useful purpose would be served by requiring that person to be a witness as that person cannot reasonably be expected (having regard to the time that has elapsed since he or she supplied the information and to all the other circumstances of the case) to recollect the matters dealt with in the information he or she supplied; or
      1. the Judge considers that undue expense or delay would be caused if that person were required to be a witness.

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