Evidence Act 2006

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

50: Civil judgment as evidence in civil or criminal proceedings

You could also call this:

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

Illustration for Evidence Act 2006

If you are in a court case, a judgment from a different civil case is not allowed as evidence to prove a fact in your case. This rule also applies to decisions made by tribunals, which are like special courts that make decisions on specific issues. You cannot use these decisions as evidence to prove a fact in another case.

When a court makes a judgment about a thing, like a piece of land, this rule does not apply. The rule also does not affect the law about res judicata, which means a matter that has already been decided by a court, or issue estoppel, which stops someone from arguing a point they have already lost in court. It also does not affect the law about enforcing a judgment, which is like a court order that says someone must do something.

You can find more information about changes to this law in the Evidence Amendment Act 2016. This law was changed on 8 January 2017. The change was made to clarify how judgments and tribunal decisions can be used as evidence in court cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393645.


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51: Interpretation, or

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

50Civil judgment as evidence in civil or criminal proceedings

  1. Evidence of a judgment or a finding of fact in a civil proceeding is not admissible in a criminal proceeding or another civil proceeding to prove the existence of a fact that was in issue in the proceeding in which the judgment was given.

  2. Evidence of a decision or a finding of fact by a tribunal is not admissible in any proceeding to prove the existence of a fact that was in issue in the matter before the tribunal.

  3. This section does not affect the operation of—

  4. a judgment in rem; or
    1. the law relating to res judicata or issue estoppel; or
      1. the law relating to an action on, or the enforcement of, a judgment.
        Notes
        • Section 50(1A): inserted, on , by section 18 of the Evidence Amendment Act 2016 (2016 No 44).