Evidence Act 2006

Trial process - Documentary evidence and evidence produced by machine, device, or technical process - Special rules relating to public documents admissible under Australian law

148: Evidence of public documents by reference to Australian law

You could also call this:

"Using Australian public documents as evidence in a New Zealand court"

Illustration for Evidence Act 2006

If you have a public document from Australia, you can use it as evidence in a New Zealand court. The document must be sealed, stamped, signed, or have some other mark that shows it is real, as required by the Australian law that applies to it. You can use the document for the same purpose and to the same extent as you would in an Australian court.

If you have a certified copy of the document, or just a part of it, you can use that as evidence too. This means someone has looked at the copy and confirmed it is accurate. You can use the copy for the same purpose as the original document.

Some public documents from Australia do not need extra proof to show they are real. You can use these documents in a New Zealand court without having to prove who signed them or that they have an official seal. This makes it easier to use the documents as evidence.

When we talk about public documents, we mean official papers like certificates or records of meetings. These documents can be used as evidence in court, and they are important for proving things. You can find more information about this by looking at the 1990 No 46 s 9 law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394205.


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149: Evidence of other public documents, or

"Using Australian public documents as evidence in New Zealand"

Part 3Trial process
Documentary evidence and evidence produced by machine, device, or technical process: Special rules relating to public documents admissible under Australian law

148Evidence of public documents by reference to Australian law

  1. A public document that is admissible in evidence under an Australian Act is admissible in evidence to the same extent and for the same purpose if it appears to be sealed, stamped, signed, signed and sealed, or signed and stamped in accordance with that Act.

  2. A certified copy of, or a certified extract from, a public document that is admissible in evidence under subsection (1) is also admissible in evidence.

  3. Despite subsection (1), a public document that is admissible in evidence under Australian law, to any extent or for any purpose, without proof of—

  4. the seal, stamp, or signature that authenticates it; or
    1. the judicial or official character of the person who appears to have signed it—
      1. is admissible in evidence to the same extent and for the same purpose without such proof.

      2. In this section, public document means an official or public document; and includes a certificate, an entry in a register, and a record of any proceedings.

      Compare
      • 1990 No 46 s 9