Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Hearsay evidence

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

You could also call this:

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

In a civil court case, you can use a hearsay statement in a special document called an affidavit if the court rules say it is okay. The court rules decide what kind of statements can be in the affidavit. You can use the hearsay statement for the purpose of the application.

When you share documents or answer questions in a civil court case, you can include hearsay statements in those documents if the court rules allow it. The court rules control what kind of statements you can make in those documents. You can use the hearsay statement in the court case if the rules say it is permitted.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393594.

Topics:

Crime and justice > Courts and legal help

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?"

21: Defendant who does not give evidence in criminal proceeding may not offer own statement, or

"If you don't tell the court your side of the story, you can't use something you said or wrote earlier as proof."

Part 2Admissibility rules, privilege, and confidentiality
Hearsay evidence

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

In a civil proceeding, a hearsay statement in an affidavit made to support or oppose an application is admissible for the purposes of that application if, and to the extent that, the applicable rules of court require or permit a statement of that kind to be made in the affidavit.
In a civil proceeding, a hearsay statement in a document by which documents are discovered or interrogatories are answered is admissible in that proceeding if, and to the extent that, the applicable rules of court require or permit the making of a statement of that kind.

Compare

1908 No 89 Schedule 2 rr 138(5), 248, 249, 283(2)(a)