Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Regulatory and enforcement matters - Civil liability - Rules of procedure

86: Rules of civil procedure and civil standard of proof apply

You could also call this:

“Court cases follow regular rules and don't need absolute proof”

This bill proposes that when dealing with a case under this part of the law, it will be treated like a regular court case. You would follow the same rules that are used in other non-criminal court cases. This includes how evidence is presented and how the court decides if something is true. The court would need to be convinced that something is more likely to be true than not, rather than having to be absolutely certain.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS911721.

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85: Chief executive's undertaking as to damages not required, or

“Chief executive doesn't need to promise to pay for damages when asking for a temporary court order”

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87: Limit on proceedings, or

“You have a limited time to start a legal case about data problems”

Part 4 Regulatory and enforcement matters
Civil liability: Rules of procedure

86Rules of civil procedure and civil standard of proof apply

  1. A proceeding under this subpart is a civil proceeding and the usual rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).