Introduction to the Rules of Evidence

Question 1

Outline when ‘Hearsay’ evidence is admissable.

Answer 1

• Hearsay evidence is admissible if the statement is reliable and either:
  - The person is unavailable or - It would cause undue expense or delay in obtaining the witness

Question 2

Outline and explain the reliability of 'Hearsay' evidence.
	C
	H
	A
	N
	T

Answer 2

Hearsay evidence is admissible if the circumstances in Section 18 exist and the circumstances relating to the statement provide a reasonable assurance that the statement is reliable.

Circumstances include:
	C - Contents of the statement
	H - How the statement was taken
	A - Accuracy of the statement
	N - Nature of the statement
	T - Truthfulness of the statement

Question 3

Define ‘Opinion’ evidence.

Answer 3

• Opinion evidence is an inference made from observed facts.

Question 4

Define ‘Expert Opinion’ evidence.

Answer 4

• A witness can give expert opinion evidence if they are an expert or skilled by special study or experience in a particular field.

Question 5

When is 'Non-expert' Opinion evidence admissable?
	H
	A
	M
	I

Answer 5

• H: handwriting
• A: age
• M: mental or physical condition
• I: Identification

Question 6

Define ‘Propensity’ Evidence.

Answer 6

• Evidence that tends to show a persons tendency to act in a particular way or have a particular state of mind.

Question 7

In what circumstances are people unavailable to be a witness?
	D
	U
	N
	C
	O

Answer 7

• D: Dead
• U: Unit due to age/physical/mental condition
• N: Not compellable; The sovereign/judge etc
• C: Cannot be found
• O: Outside NZ

Question 8

Define ‘Hearsay’ evidence.

Answer 8

• Hearsay evidence is evidence that is a oral or written statement of a person who is not a witness in court.
• Rather the statement is given to the court by another person as evidence of what has happened.