Accident Compensation Act 2001

Dispute resolution - Appeals

156: Evidence at appeal

You could also call this:

"Rules for using evidence when you ask a judge to change a decision about your accident claim"

When you appeal a decision, the court can listen to any evidence it thinks is important, even if that evidence wouldn't usually be allowed in other courts. This means the court has more freedom to hear information that might help them make a fair decision.

If your appeal involves a question about what really happened (a question of fact), the court can look at the evidence that was used when the reviewer first looked at your case. The court decides how this evidence is shown to them.

There are different ways the court can see or hear the evidence about what happened. They might look at notes the reviewer took, or a record of what was said at the hearing. They might read statements that witnesses wrote down. The court can also look at any other information they think will help.

If someone gave evidence by swearing a statement (called an affidavit), the court can look at those statements too. They'll be sent to the person in charge of court records (the Registrar).

Sometimes there are things (called exhibits) that were used as evidence. The court can look at these too. They might be sent to the Registrar, or the people involved in the appeal might bring them to court if they have them.

Remember, the court gets to decide what evidence they want to see or hear to help them make their decision about your appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101850.


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Part 5Dispute resolution
Appeals

156Evidence at appeal

  1. The court may hear any evidence that it thinks fit, whether or not the evidence would be otherwise admissible in a court of law.

  2. If a question of fact is involved in an appeal, the evidence taken before or received by the reviewer about the question may be brought before the court under any of subsections (3) to (5), subject to any order of the court.

  3. Evidence given orally about a question of fact may be brought before the court by the production of a copy of—

  4. the notes of the reviewer; or
    1. the reviewer's record of hearing; or
      1. a written statement read by a witness; or
        1. any other material that the court thinks expedient.
          1. Evidence taken by affidavit about a question of fact may be brought before the court by the production of any of the affidavits that have been forwarded to the Registrar.

          2. Exhibits relating to a question of fact may be brought before the court by—

          3. the production of any of the exhibits that have been forwarded to the Registrar; or
            1. the production by the parties to the appeal of any exhibits in their custody.