Rules of Evidence

Question 1

Hearsay Evidence

Answer 1

The written or oral statement of a person who is not produced in court as a witness. Rather the statement is given to the court by another person or in a document

Question 2

General Admissibility of Hearsay Evidence

Answer 2

A statement can be admissible if it is reliable and either:

• the person is unavailable; or
• it would cause undue expense or delay in obtaining the witness

Question 3

Reliability of Hearsay Statement

Answer 3

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 maker of the statement

Question 4

Unavailability of a Witness

Answer 4

D - dead
U - unfit due to age/physical/mental condition
N - not compellable (sovereign, judge, juror, counsel, bank officer, defendant against the self and against co-defendant)
C - cannot be identified or found
O - outside NZ

Question 5

Opinion Evidence

Answer 5

An inference from observed facts

Question 6

Expert Opinion Evidence

Answer 6

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

Question 7

Non-Expert Opinion Evidence

Answer 7

Non-Expert Evidence is usually not admissible but there are the following exceptions:

• Identification
• Handwriting
• Mental or Physical Condition
• Age

Question 8

Propensity Evidence

Answer 8

Evidence that shows a person’s tendency to act in a particular way or to have a particular state of mind