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New Zealand · Year 4 · Evidence

Evidence Act 2006 II

Hearsay, defendants' statements, propensity and privilege.

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  1. 1.Evidence Act 2006 s 18?

    A hearsay statement is admissible if it is reliable and the maker is unavailable as a witness or calling them would cause undue expense or delay.

    Evidence Act 2006, s 18

  2. 2.Evidence Act 2006 s 27?

    A defendant's statement offered by the prosecution is admissible against the defendant, subject to ss 28–30 (reliability, oppression, improperly obtained).

    Evidence Act 2006, s 27

  3. 3.Evidence Act 2006 s 43?

    Prosecution propensity evidence is admissible only if its probative value outweighs the risk of an unfairly prejudicial effect on the defendant.

    Evidence Act 2006, s 43

  4. 4.Evidence Act 2006 s 54?

    Privilege for communications between a lawyer and client made for obtaining or giving legal services.

    Evidence Act 2006, s 54

  5. 5.Hamed v R (2011) — held?

    Covert video surveillance evidence from the Urewera raids was improperly obtained and excluded against most defendants under s 30.

    [2011] NZSC 101