2. Elements of Evidence

Question 1

Purpose of evidence law
Section 6 of the Evidence Act 2006 sets out the purpose of the Act.

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Answer 1

6. The purpose of this Act is to help secure the just determination of proceedings by—
   (a) providing for facts to be established by the application of logical rules; and
   (b) providing rules of evidence that recognise the importance of the rights affirmed
   by the New Zealand Bill of Rights Act 1990; and
   (c) promoting fairness to parties and witnesses; and
   (d) protecting rights of confidentiality and other important public interests; and
   (e) avoiding unjustifiable expense and delay; and
   (f) enhancing access to the law of evidence.

Question 2

What is the general rule of evidence and Exceptions to the general rule

Answer 2

A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence.

The two main exceptions to the general rule are when no evidence needs to be given of facts because:
* judicial notice is taken
* the facts are formally admitted.

Question 3

Judicial notice

Answer 3

S128 and 129
When a court takes judicial notice of a fact, it declares that it will find that the fact exists, or will direct the jury to do so even though evidence has not been established that the fact exists.

128 Notice of uncontroverted facts- Dates of Xmas etc
129 Admission of reliable published documents- Scientific work, maps.

Question 4

the facts are formally admitted.

Answer 4

Section 9
In a trial, the counsel for either party can accept that some evidence is accepted or proven at the outset, so it need not be discussed.

Question 5

Presumptions of law
Presumptions of facts

Answer 5

POL- inferences expressly drawn by law from particular facts. May be either conclusive or rebuttable.
Eg - Child under 10 can not be convicted

POF- logical inferences drawn from given facts. Are always rebuttable.
Eg - guilty knowledge of recent possession of stolen goods

Question 6

Relevance
The fundamental condition for the admissibility of evidence is that it must be relevant.
Section 7 provides that?
1 ab, 2, 3

Answer 6

(1) All relevant evidence is admissible in a proceeding except evidence that is—
(a)(b) inadmissible or excluded under this Act.

(2) Evidence that is not relevant is not admissible in a proceeding.

(3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.

Question 7

Section 8 General exclusion
Judge must excude evidence if?1 a, b

Judge must take into account?2,

Evidence may be excluded if obtained in circumstances that ?

Answer 7

(1) Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will—
(a) have an unfairly prejudicial effect on the proceeding; or
(b) needlessly prolong the proceeding.

(2) The Judge must take into account the right of the defendant to offer an effective defence.

Evidence may be excluded if obtained in circumstances that would make its admission unfair against defendant. (improper, unfair confession)

Question 8

Section 14 and 15
Provisional admissibility

evidence on ‘hearing in chambers’

Answer 8

S14 - Provisional admission of evidence
The judge may admit the evidence, subject to further evidence being offered later which establishes its admissibility.

S15 - Hearing in Chambers
Evidence given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.

Such hearing is referred to as hearing in chambers, the jury is excluded.