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Evidence Act 2006

Repeals and amendments

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for when law changes affect court cases"

Illustration for Evidence Act 2006

When you look at the Evidence Act 2006, you will see some extra rules. These rules are about how some changes to the law apply to court cases. You can find these changes in the Sexual Violence Legislation Act 2021 and the Security Information in Proceedings (Repeals and Amendments) Act 2022.

If a court case started before some changes to the law were made, the old rules still apply. This is so that the court case is fair and follows the rules that were in place when it started. The new rules only apply to court cases that started after the changes were made.

You should know that some changes to the law only apply to certain types of court cases, like those involving security information. In these cases, the new rules apply to court cases that started after the changes were made, but the old rules still apply to cases that started before the changes. This is explained in more detail in the Security Information in Proceedings (Repeals and Amendments) Act 2022.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS630968.

Topics:
Crime and justice > Courts and legal help
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216: Consequential amendments, or

"Changes to other laws because of this Act"

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Schedule 1: Enactments repealed, or

"Laws that are no longer valid and have been replaced"

1AATransitional, savings, and related provisions Empowered by s 4A

1Provision relating to Part 1 of Sexual Violence Legislation Act 2021

1Proceedings affected by Part

  1. Amendments made by a provision of Part 1 of the Sexual Violence Legislation Act 2021 (except for this clause) apply only to proceedings commenced on or after the commencement of that provision.

  2. Proceedings commenced before that commencement, and not finally determined (including any rehearing, retrial, or appeal) before that commencement, continue as if those amendments had not been enacted.

Notes
  • Schedule 1AA clause 1: inserted, on , by section 24 of the Sexual Violence Legislation Act 2021 (2021 No 60).

2Provisions relating to Security Information in Proceedings (Repeals and Amendments) Act 2022

2Interpretation

  1. In this Part, unless the context otherwise requires,—

    2022 Act means sections 92 to 97 of the Security Information in Proceedings (Repeals and Amendments) Act 2022

      commencement date means the date on which the 2022 Act comes into force.

      Notes
      • Schedule 1AA clause 2: inserted, on , by section 97(a) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).

      3Proceedings involving classified security information

      1. The amendments made to this Act by the 2022 Act (except for this clause) apply to proceedings commenced on or after the commencement date.

      2. To avoid doubt, subclause (1) applies to proceedings that commence on or after the commencement date, but that relate to circumstances, events, or decisions that occurred before, on, or after the commencement date.

      3. Proceedings commenced before the commencement date, and not finally determined before the commencement date (including any rehearing, retrial, or appeal), continue as if the amendments made to this Act by the 2022 Act had not been enacted.

      Notes
      • Schedule 1AA clause 3: inserted, on , by section 97(a) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).