Hearsay Documents/Business Records Flashcards
What is section 58 of the Evidence Act?
(1) court may examine it and may draw any reasonable inference including inference as to its authenticity or identity.
What is section 161 of the evidence Act?
(1) Electronic communication presumed (unless evidence sufficient to raise doubt ) that —
(a) was sent or made in the form of electronic communication
(b) was sent or made by or on behalf of the person by who appears made or sent it
(c) was sent or made on date/time it was appeared to have been made
(d) was received at the destination it was sent to
(e) received at date/time
What is section 146 of the Evidence Act?
If it is reasonably open to find that the device or process, if properly used, produced the document or thing correctly
(unless evidence sufficient to raise doubt about the presumption is adduced)
If someone was going to object to an original and not being a copy - what sections relate to this?
S51
The principles and rules of the common law that relate to the means of proving the contents of documents are abolished.
S47 Definitions
A copy of a document is considered the original
Does S69 have to be first hand hearsay?
No, it could be as many as possible.
What is the test for S171 for who can give an affidavit.
171 Persons who may give such evidence
(a) a person who, at the relevant time or afterwards,
had a position of responsibility in relation to making or
keeping the document or thing
What is the path way to confirm if a document is admissible? What is the case law for this?
S55 Relevance
S56 Relevance is admissible
S58 Court can view and draw inferences to authenticity and relevance
S183 Examine and draw reasonable inferences
ACCC vs Air NewZealand.
What is a business record as per S69 of the Evidence Act?
forms part of the records belonging to or kept by a person, body or organisation.
in the course of, or for the purposes of, a business, or
contains a previous representation or record in the document for the purpose of the business
