Family Proceedings Act 1980

Procedure

167: Standard of proof

You could also call this:

"How the court decides what is probably true"

Illustration for Family Proceedings Act 1980

When you are in a court case under the Family Proceedings Act 1980, the court decides questions of fact in a certain way. You need to prove something is probably true, which is called a balance of probabilities. This means the court will decide based on what is most likely to have happened, except in criminal cases or cases under section 130.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41854.


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166: Proof of certain matters, or

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


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Part 9Procedure

167Standard of proof

  1. Every question of fact arising in any proceedings under this Act (not being criminal proceedings or proceedings under section 130) shall be decided on a balance of probabilities.