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Family Proceedings Act 1980

Procedure

166: Proof of certain matters

You could also call this:

"Using documents like birth certificates as evidence in family court"

Illustration for Family Proceedings Act 1980

You can use certain documents as evidence in family proceedings. These documents include birth, death, or marriage certificates. They can be from New Zealand or another country. You can also use court decrees or orders as evidence. These documents can be from a New Zealand court or a court in another country. They are assumed to be valid unless someone proves otherwise. A document can be a copy of the original, and it still works as evidence. This makes it easier to prove certain facts in family proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41851.

Topics:
Family and relationships > Children and parentingFamily and relationships > Marriage and partnershipsCrime and justice > Courts and legal help
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Part 9Procedure

166Proof of certain matters

  1. In any proceedings under this Act, a document purporting to be the original or a certified copy of a certificate, entry, or record of a birth, death, or marriage or civil union alleged to have taken place, whether in New Zealand or in any other country, may be received without further proof as evidence of the facts stated in the document.

  2. In any proceedings under this Act, a document purporting to be a decree or order or a certified copy or duplicate of any decree or order made by any court or public authority, whether in New Zealand or elsewhere,—

  3. may be received without further proof as evidence of the existence, nature, and purport of that decree or order; and
    1. every such decree or order shall be presumed to be valid unless the contrary is proved.

      1. Repealed
      Notes
      • Section 166(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
      • Section 166(3): repealed, on , by section 24 of the Family Proceedings Amendment Act 1991 (1991 No 144).