Plain language law

New Zealand law explained for everyone

Evidence Act 2006

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

140: Proof of conviction by fingerprints

You could also call this:

"How to prove someone was convicted of a crime using their fingerprints"

Illustration for Evidence Act 2006

If you want to prove someone was convicted of a crime in another country, you can use a special certificate. This certificate must be signed by a fingerprint examiner and have copies of the person's fingerprints on it. The certificate must also say that the fingerprints are from the person who was convicted of the crime.

You can use this certificate as evidence in court to prove the person was convicted. The court can decide not to use the certificate as evidence, but usually it will be accepted. This way of proving a conviction is in addition to other ways that are allowed by law.

A fingerprint examiner is someone who works with the Police in New Zealand, Australia, the United Kingdom, or Canada. The Governor-General can decide that certificates from other countries are also acceptable as evidence. There are rules about what kind of evidence can be used in court, but these rules do not apply to evidence used under this section, see Subpart 1 of Part 2 and subpart 2 of Part 2.

If the Governor-General makes an order about certificates from other countries, it is secondary legislation, see Part 3 of the Legislation Act 2019 for publication requirements.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393982.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

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

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

Next

141: New Zealand and foreign official documents, or

"Official documents from New Zealand and other countries are believed to be genuine unless proven otherwise"

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

140Proof of conviction by fingerprints

  1. A certificate is admissible in evidence to prove the identity of a person alleged to have been convicted in a country of an offence if—

  2. the certificate purports to be signed by a fingerprint examiner; and
    1. copies of the fingerprints of the person are exhibited or shown on the certificate; and
      1. the certificate certifies that those copies are copies of the fingerprints of a person who was convicted in the fingerprint examiner’s country of the offence of which particulars are given.

        1. Subsection (3) applies to a certificate that—

        2. purports to be signed by a fingerprint examiner; and
          1. certifies that the copies of the fingerprints that are exhibited or shown on the certificate made under subsection (1) and the fingerprints of the person in respect of whom a conviction is sought to be proved (a copy of which is exhibited or shown on the certificate made under this subsection) are the fingerprints of the same person.

            1. A certificate to which this subsection applies is, unless the Judge decides otherwise, evidence that the person in respect of whom the conviction is sought to be proved was convicted of the offence of which particulars were given in the certificate made under subsection (1).

            2. The manner of proving a conviction authorised by this section is in addition to any other manner of proving the conviction authorised by law.

            3. The Governor-General may, by Order in Council, declare that certificates purporting to be made by specified persons or classes of persons in any country other than New Zealand, Australia, United Kingdom, or Canada in respect of convictions for offences committed in that country and to the same effect as certificates under subsection (1) are evidence as if they had been made under subsection (1).

            4. In this section, fingerprint examiner means a fingerprint examiner who is—

            5. a member or employee of the Police; or
              1. a member or employee of a Police force in the United Kingdom; or
                1. a member or employee of a Police force of Australia or the Police force of a State or territory of Australia; or
                  1. a member or employee of a Police force of Canada or the Police force of a Province or territory of Canada.

                    1. Subpart 1 of Part 2 (which relates to hearsay evidence) and subpart 2 of Part 2 (which relates to opinion and expert evidence) do not apply to evidence offered under this section.

                    2. An order under subsection (5) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 140(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).