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Evidence Act 2006

Trial process - Questioning of witnesses

91: Editing of inadmissible statements

You could also call this:

"Using only the allowed parts of a statement in court"

Illustration for Evidence Act 2006

If a Judge decides that part of a statement cannot be used in a court case, you can still use the rest of the statement if it is allowed. You can remove the parts that are not allowed, but you must follow the Judge's instructions. The Judge will only let you do this if they think removing the not-allowed parts will not make the rest of the statement confusing or hard to understand. You need to get the Judge's opinion before you can edit the statement, to make sure it is okay to remove some parts and keep others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393922.

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Crime and justice > Courts and legal help
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Part 3Trial process
Questioning of witnesses

91Editing of inadmissible statements

  1. If a statement is determined by the Judge to be inadmissible in part in a proceeding, a party who wishes to use an admissible part of the statement may, subject to the direction of the Judge, edit the statement by excluding any part of it that is inadmissible.

  2. A party may not edit a statement under subsection (1) unless, in the opinion of the Judge, the inadmissible parts of the statement can be excluded without obscuring or confusing the meaning of the admissible part of the statement.