Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Evidence of convictions and civil judgments

49: Conviction as evidence in criminal proceedings

You could also call this:

"Using a past conviction as proof of guilt in a criminal trial"

If you are in a criminal court case, evidence that someone has been convicted of a crime can be used as evidence. This proof that they were convicted is also proof that they did the crime, unless another part of this Act says it cannot be used. You need to tell the Judge why you want to use this evidence before you can use it. The Judge can then decide what to do with this evidence, and in special cases, they might even let someone try to prove that the person did not actually do the crime they were convicted of.

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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=DLM393644.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

48: Conviction as evidence in defamation proceedings, or

"Using a past conviction as proof in a defamation court case"

50: Civil judgment as evidence in civil or criminal proceedings, or

"When can a court decision from another case be used as evidence in your court case?"

Part 2Admissibility rules, privilege, and confidentiality
Evidence of convictions and civil judgments

49Conviction as evidence in criminal proceedings

Evidence of the fact that a person has been convicted of an offence is, if not excluded by any other provision of this Act, admissible in a criminal proceeding and proof that the person has been convicted of that offence is conclusive proof that the person committed the offence.
Despite subsection (1), if the conviction of a person is proved under that subsection, the Judge may, in exceptional circumstances,—
permit a party to the proceeding to offer evidence tending to prove that the person convicted did not commit the offence for which the person was convicted; and
if satisfied that it is appropriate to do so, direct that the issue whether the person committed the offence be determined without reference to that subsection.

A party to a criminal proceeding who wishes to offer evidence of the fact that a person has been convicted of an offence must first inform the Judge of the purpose for which the evidence is to be offered.