2. Elements of Evidence - Overview

Question 1

What does the evidence act 2006 aim to do? and how?

Must Know

Answer 1

The Act aims to “help secure the just determination of proceedings” through the six objectives set out in s6

Question 2

Outline S6 EA06?

Must Know

Answer 2

6 Purpose
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 3

How else might decisions about admitting evidence be derived from?

Answer 3

Outside of the Act, common law cases can be used to help decide which evidence might be admitted, but only in so far as they are consistent with the provisions of the Act and the promotion of its purposes and principles (s12).