Plain language law

New Zealand law explained for everyone

Gangs Act 2024

Miscellaneous provisions - Standard of proof

29: Standard of proof

You could also call this:

“How to decide if something is true in a legal case about gangs”

When you have a question about facts in a legal case under this law, you need to know how to decide if something is true or not. This rule applies to cases that are part of this law, but not to cases where someone is accused of breaking this law.

To figure out if something is true, you need to think about what’s more likely to have happened. If you think it’s more likely that something did happen than that it didn’t happen, then you can decide that it’s true. This is called deciding “on the balance of probabilities”.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS939416.

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Part 4 Miscellaneous provisions
Standard of proof

29Standard of proof

  1. This section applies to a question of fact arising in a proceeding—

  2. that is a proceeding under this Act; and
    1. that is not a proceeding for an offence against this Act.

      1. The question must be decided on the balance of probabilities.

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