Gangs Act 2024

Miscellaneous provisions - Standard of proof

29: Standard of proof

You could also call this:

"How the court decides what is true in Gangs Act 2024 cases"

Illustration for Gangs Act 2024

You are in a court case about the Gangs Act 2024. The court must decide some facts in the case. They decide these facts based on what is most likely to be true. You can think of it like a scale with two sides. If one side is slightly heavier, that side wins. This is called the balance of probabilities. The court uses this rule for cases under the Gangs Act 2024, but not for criminal cases. You can find similar rules in other laws, like the one mentioned https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS258687

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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 4Miscellaneous 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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