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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Hearsay evidence

22: Notice of hearsay in criminal proceedings

You could also call this:

"Telling others you want to use hearsay evidence in a criminal trial"

Illustration for Evidence Act 2006

In a criminal trial, you can't use a hearsay statement as evidence unless you follow some rules. You must tell the other parties that you want to use the statement and give them some information about it. This includes who made the statement, what it says, and why you think it is reliable.

If the statement was written down, you must give the other parties a copy of the document. You must do this in time for the other parties to respond to the statement. The Judge can decide not to make you follow these rules if no one is unfairly affected or if it is not reasonable to follow them.

You must provide details about the statement, such as the circumstances that make it reliable, if you are relying on certain sections of the law, like section 18(1)(a) or section 19. The Judge can also decide not to make you follow the rules if it is in the interests of justice. This means the Judge thinks it is fair and right to not follow the rules in this case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393596.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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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."

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22A: Admissibility of hearsay statement against defendant, or

"When can something someone else said be used against you in court?"

Part 2Admissibility rules, privilege, and confidentiality
Hearsay evidence

22Notice of hearsay in criminal proceedings

  1. In a criminal proceeding, no hearsay statement may be offered in evidence unless—

  2. the party proposing to offer the statement has complied with the requirements of subsections (2), (3), and (4); or
    1. every other party has waived those requirements; or
      1. the Judge dispenses with those requirements.

        1. A party who proposes to offer a hearsay statement in a criminal proceeding, must provide every other party with a written notice stating—

        2. the party’s intention to offer the hearsay statement in evidence; and
          1. the name of the maker of the statement, if known (subject to the terms of any witness anonymity order); and
            1. if the hearsay statement was made orally, the contents of the hearsay statement; and
              1. if section 18(1)(a) is relied on, the circumstances relating to the statement that provide reasonable assurance that the statement is reliable; and
                1. if section 19 is relied on, why the document is a business record; and
                  1. if section 18(1)(b)(i) or 19(1)(a) is relied on, why the person is unavailable as a witness; and
                    1. if section 18(1)(b)(ii) or 19(1)(c) is relied on, why undue expense or delay would be caused if the person were required to be a witness; and
                      1. if section 19(1)(b) is relied on, why no useful purpose would be served by requiring the person to be a witness; and
                        1. if section 22A is relied on, why the 3 matters comprising the required threshold in that section are satisfied.

                          1. If the hearsay statement was made in writing, the notice must be accompanied by a copy of the document in which the statement is contained.

                          2. The requirements of subsections (2) and (3) must be complied with in sufficient time before the hearing to provide all other parties to the proceeding with a fair opportunity to respond to the statement.

                          3. The Judge may dispense with the requirements of subsections (2), (3), and (4) if,—

                          4. having regard to the nature and contents of the statement, no party is substantially prejudiced by the failure to comply with the requirements; or
                            1. compliance was not reasonably practicable in the circumstances; or
                              1. the interests of justice so require.

                                Notes
                                • Section 22(2)(g): amended, on , by section 7(1) of the Evidence Amendment Act 2016 (2016 No 44).
                                • Section 22(2)(h): inserted, on , by section 7(2) of the Evidence Amendment Act 2016 (2016 No 44).
                                • Section 22(2)(i): inserted, on , by section 7(2) of the Evidence Amendment Act 2016 (2016 No 44).