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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Hearsay evidence

22A: Admissibility of hearsay statement against defendant

You could also call this:

"When can something someone else said be used against you in court?"

Illustration for Evidence Act 2006

In a criminal trial, a statement that someone else said can be used against you if there is good evidence that you were part of a group planning something together. You must have been a member of this group, and the statement must have been said to help the group's plan. This rule is part of the Evidence Act 2006, which was changed by the Evidence Amendment Act 2016, you can find more information about this change on the New Zealand legislation website. The statement can be used against you in court if it meets these conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7088121.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"Telling others you want to use hearsay evidence in a criminal trial"

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Part 2Admissibility rules, privilege, and confidentiality
Hearsay evidence

22AAdmissibility of hearsay statement against defendant

  1. In a criminal proceeding, a hearsay statement is admissible against a defendant if—

  2. there is reasonable evidence of a conspiracy or joint enterprise; and
    1. there is reasonable evidence that the defendant was a member of the conspiracy or joint enterprise; and
      1. the hearsay statement was made in furtherance of the conspiracy or joint enterprise.

        Notes
        • Section 22A: inserted, on , by section 8 of the Evidence Amendment Act 2016 (2016 No 44).