2. Elements of Evidence - Progress test 2

Question 1

What are the six objectives of the Evidence Act 2006 as set out in s6?

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Answer 1

The purpose of the Act is to help secure the just determination of proceedings by:
− providing for facts to be established by the application of logical rules
− providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990
− promoting fairness to parties and witnesses
− protecting rights of confidentiality and other important public interests
− avoiding unjustifiable expense and delay, and
− enhancing access to the law of evidence.

Question 2

What are the two ways in which unfairness usually arises and may result in the exclusion of
evidence?

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Answer 2

Evidence may be excluded if it would result in some unfair prejudice in the proceeding.
Evidence not prejudicial in itself in terms of the actual verdict may still be excluded where it has been obtained in circumstances that would make its admission against the defendant unfair. The most obvious example of this is where a defendant’s statement has been obtained by unfair or improper methods. The “confession” itself may well be impeccable evidence, but the way in which it was obtained may well lead to its exclusion under the fairness discretion.

Question 3

Specific restrictions aside, if evidence is admitted, for what purposes can it be used?

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Answer 3

Once evidence is admitted, it can generally be used for all purposes: “the statute proceeds on the basis that generally speaking evidence is either admissible for all purposes or it is not admissible at all” (Hart v R [2010] NZSC 91 at [54]).