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Evidence Act 2006

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

135: Translations and transcripts

You could also call this:

"Using documents or recordings in court that aren't in English or need to be translated"

Illustration for Evidence Act 2006

If you want to use a document in court that is not in English, you can offer a translation of it. You must give the other parties enough time to check the translation before the hearing. You also need to follow the rules set out in regulations made under section 201. The court will assume the translation is accurate unless someone can prove it is not. You can also use a transcript of recorded information in court, like something that was written in code or recorded as sound.

If you want to use a sound recording in court, you might need to play it during the hearing. This will happen if the recording is available and the Judge says you must play it. The Judge might ask you to play the recording because another party asked them to, or because they want to hear it themselves. You need to give the other parties enough time to check the transcript before the hearing, and you need to follow the same rules as for translations.

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

135Translations and transcripts

  1. A party may offer a document that purports to be a translation into English of a document in a language other than English, or a translation into Māori of a document in a language other than Māori, if—

  2. notice is given to all other parties in sufficient time before the hearing to provide those other parties with a fair opportunity to scrutinise the translation; and
    1. all other requirements prescribed in regulations made under section 201 concerning that document are satisfied.

      1. The translation is presumed to be an accurate translation, in the absence of evidence to the contrary.

      2. A party, if notice is given to all other parties in sufficient time before the hearing to provide those other parties with a fair opportunity to scrutinise the transcript and all other prescribed requirements referred to in subsection (1)(b) are satisfied, may offer a document that purports to be a transcript of information or other matter that is recorded—

      3. in a code (including shorthand writing or programming code); or
        1. in a way that is capable of being reproduced as sound or script.

          1. A party who offers a transcript of information or other matter in a sound recording under subsection (3) must play all or part of the sound recording in court during the hearing if—

          2. the sound recording is available; and
            1. the Judge so directs, either on the application of another party or on the Judge’s own initiative.