2.Elements of Evidence

Question 1

Section 6 of Evidence Act

Purpose of evidence law

Answer 1

a. facts to be established by logical rules; and
b. rules of evidence that recognize the importance of rights affirmed by the NZ Bill or Rights 1990 and
c. promoting fairness to parties and witnesses; and
d. protecting rights of confidentially and other importance public interests; and
e. avoiding unjustifiable expense and delay; and
f. enhancing access to the law of evidence

Question 2

What makes good evidence

Facts in issue

Answer 2

Fact which in law need to proven to succeed with the case.

Facts relevant to the facts in issue tend to prove or disprove a fact in issue

Question 3

What makes good evidence

Facts that prove the charge

Answer 3

• Facts must prove the element of charge,

• The evidence should be made up of facts that prove the charge

Question 4

What makes good evidence

Circumstantial Evidence

Answer 4

Circumstantial evidence is a fact from which the judge or jury may infer the existence of a fact in issue.

Question 5

Difference between
Presumption of Law and Presumption of facts

Answer 5

Presumption of law: Are inferences that have been expressly drawn by law from particular facts.
Presumptions of law my be either conclusive or rebuttable.

Presumption of facts: Mind naturally and logically draws from the given facts. Logical inferences.
Presumption of facts are always rebuttable

Question 6

Admissibility and the principles of evidence law

S7 Fundamental principle that relevant evidence admissible

Answer 6

All relevant evidence is admissible in a proceeding EXPECT EVIDENCE that is:

a. inadmissible under this Act or any other Act; OR
b. excluded under this Act or any other Act

Question 7

Admissibility and the principles of evidence law

S8 - General exclusion

Answer 7

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 proceedings: or
b. needlessly prolong the proceeding

Question 8

Admissibility and the principles of evidence law

Section 8 test

Answer 8

Test involves balancing the probative value of evidence against the risk that it will
a. have an unfairly prejudicial effect on the proceedings: or
b. needlessly prolong the proceeding

Question 9

Hearing in chambers

Answer 9

Where the Judge is excluded from the courtroom for the duration of the admissibility hearing. Facts determined at a hearing chambers are sometimes referred to as ‘preliminary facts’ or ‘preliminary hearing’.