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Evidence Act 2006

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

138: Authenticity of public documents

You could also call this:

"How to know if a public document is real and can be used as evidence"

Illustration for Evidence Act 2006

When you look at a document that says it is a public document, or a copy of one, you need to check if it seems real. It might have a seal on it from the person or group that is supposed to be in charge of the document. It might also have a certificate from that person or group saying it is a real copy.

If the document has one of these things, you can assume it is real unless a Judge says otherwise. You can use the document as evidence to prove what it says is true. This means you can show it in court to support your case.

There is a special part of the law called Subpart 1 of Part 2 that usually applies to certain kinds of evidence, but it does not apply to public documents like this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393980.

Topics:
Crime and justice > Courts and legal help
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137: Evidence produced by machine, device, or technical process, or

"Using evidence made by machines or computers in court"

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139: Evidence of convictions, acquittals, and other judicial proceedings, or

"Proving things in court with special documents about crimes and court decisions"

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

138Authenticity of public documents

  1. Subsection (2) applies to a document that purports to be a public document, or a copy of or an extract from or a summary of a public document, and to have been—

  2. sealed with the seal of a person or a body that might reasonably be supposed to have the custody of that public document; or
    1. certified to be such a copy, extract, or summary by a person who might reasonably be supposed to have the custody of that public document.

      1. If this subsection applies, the document is presumed, unless the Judge decides otherwise, to be a public document or a copy of the public document or an extract from or summary of the public document and may be offered in evidence to prove the truth of its contents.

      2. Subpart 1 of Part 2 (which relates to hearsay evidence) does not apply to evidence offered under this section.