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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Veracity and propensity - Application

36: Application of subpart to evidence of veracity and propensity

You could also call this:

"When the law doesn't apply to evidence about someone's honesty in court cases."

Illustration for Evidence Act 2006

This part of the law does not apply to evidence about whether someone is telling the truth if that is important to the claim in a civil case or to the crime someone is being tried for. You need to know that this part of the law also does not apply when a court is deciding about bail or sentencing. However, there is an exception to this rule, which is explained in sections 44 to 44A.

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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=DLM393622.

Topics:
Crime and justice > Courts and legal help
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35: Previous consistent statements rule, or

"Using earlier statements to back up what you say in court"

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37: Veracity rules, or

"Talking about someone's honesty in court: when it's allowed and how it works"

Part 2Admissibility rules, privilege, and confidentiality
Veracity and propensity: Application

36Application of subpart to evidence of veracity and propensity

  1. This subpart does not apply to evidence about a person’s veracity if that veracity is an ingredient of the claim in a civil proceeding or one of the elements of the offence for which a person is being tried in a criminal proceeding.

  2. This subpart does not apply so far as a proceeding relates to bail or sentencing.

  3. Subsection (2) is subject to sections 44 to 44A.

Notes
  • Section 36(3): amended, on , by section 6 of the Sexual Violence Legislation Act 2021 (2021 No 60).