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Evidence Act 2006

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

144: Evidence of foreign law

You could also call this:

"Proving a law from another country is real in a New Zealand court"

Illustration for Evidence Act 2006

When you are in a New Zealand court, you might need to show evidence of a law from another country. You can do this by showing a certified copy of the law, or a document that seems to be a reliable source of information about the law. You can also use evidence from an expert, or a document that has been issued by the government or official printer of the country. The Judge will decide if the evidence you provide seems reliable.

If you need to show evidence of a law that is not written down in another country, you can use a document that contains reports of judgments from the courts of that country. The document must seem to be a reliable source of information about the law of that country. You can also use a publication that describes or explains the law of that country, as long as it seems reliable.

The Judge does not have to accept the evidence you provide, even if it is in a document. When we talk about a law from another country, we are also talking about regulations, rules, and bylaws from that country. There are some rules about hearsay evidence that do not apply when you are showing evidence of a law from another country, as explained in the Subpart 1 of Part 2.

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

144Evidence of foreign law

  1. A party may offer as evidence of a statute or other written law, proclamation, treaty, or act of State, of a foreign country—

  2. evidence given by an expert; or
    1. a copy of the statute or other written law, proclamation, treaty, or act of State that is certified as a true copy by a person who might reasonably be supposed to have the custody of the statute or other written law, proclamation, treaty, or act of State; or
      1. any document containing the statute or other written law, proclamation, treaty, or act of State that purports to have been issued by the government or official printer of the country or by authority of the government or administration of the country; or
        1. any document containing the statute or other written law, proclamation, treaty, or act of State that appears to the Judge to be a reliable source of information.

          1. In addition, or as an alternative, to the evidence of an expert, a party may offer as evidence of the unwritten or common law of a foreign country, or as evidence of the interpretation of a statute or other written law or a proclamation of a foreign country, a document—

          2. containing reports of judgments of the courts of the country; and
            1. that appears to the Judge to be a reliable source of information about the law of that country.

              1. A party may offer as evidence of a statute or other written law of a foreign country, or of the unwritten or common law of a foreign country, any publication—

              2. that describes or explains the law of that country; and
                1. that appears to the Judge to be a reliable source of information about the law of that country.

                  1. A Judge is not bound to accept or act on a statement in any document as evidence of the law of a foreign country.

                  2. A reference in this section to a statute of a foreign country includes a reference to a regulation, rule, bylaw, or other instrument of subordinate legislation of the country.

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