Evidence Act 2006

Trial process - Documentary evidence and evidence produced by machine, device, or technical process - General and special rules

130: Offering documents in evidence without calling witness

You could also call this:

"Using documents as evidence without calling the person who made them"

You can give other parties notice that you want to use a document as evidence without calling a witness. You must attach a copy of the document to the notice. When you get this notice, you can object to the document being used if you think it is not real or if you think a witness should be called to talk about it.

If no one objects to using the document, or if the Judge says the objection is not valid, the document can be used as evidence. It will be assumed that the document is what it says it is, unless someone can prove otherwise. You must give notice that you want to use a document in enough time for other parties to think about it.

You can give notice before or after the hearing starts, but you must do it when the Judge says you can. The Judge can also say you do not have to give notice, but they might add some conditions. This rule is also affected by sections 131 and 132.

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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=DLM393972.

Topics:

Crime and justice > Courts and legal help

129: Admission of reliable published documents, or

"When can a Judge use reliable books and documents as evidence in court?"

131: Admission of depositions, or

"Using written statements as evidence in court"

Part 3Trial process
Documentary evidence and evidence produced by machine, device, or technical process: General and special rules

130Offering documents in evidence without calling witness

A party may give notice in writing to every other party that the party proposes to offer a document (whether or not a public document), a copy of which is attached to the notice, as evidence in the proceeding without calling a witness to produce the document.
A party who on receiving a notice wishes to object to the authenticity of the document to which the notice refers, or to the fact that it is to be offered in evidence without being produced by a witness, must give a notice of objection in writing to every other party.
If no party objects to a proposal to offer a document as evidence without calling a witness to produce it, or if the Judge dismisses an objection to the proposal on the ground that no useful purpose would be served by requiring the party concerned to call a witness to produce the document,—
the document, if otherwise admissible, may be admitted in evidence; and
it will be presumed, in the absence of evidence to the contrary, that the nature, origin, and contents of the document are as shown on its face.

A party must give notice of a proposal to offer a document without calling a witness to produce it—
in sufficient time before the hearing to provide all the other parties with a fair opportunity to consider the proposal; or
within the time, whether before or after the commencement of the hearing, that the Judge allows and subject to any conditions that the Judge imposes.

A party must give notice of objection to a proposal to offer a document without calling a witness to produce it—
in sufficient time before the hearing to provide all the other parties with a fair opportunity to consider the notice; or
within the time, whether before or after the commencement of the hearing, that the Judge allows and subject to any conditions that the Judge imposes.

The Judge may dispense with the requirement for a party to give notice under subsection (1) or (2) subject to any conditions that the Judge imposes.
This section is subject to sections 131 and 132.