Evidence law: Codification and principles for reform

The purpose of this project was to make the law of evidence as clear, simple and accessible as practicable, and to facilitate the fair, just and speedy judicial resolution of disputes.

The Law Commission published a series of discussion papers and a miscellaneous paper on aspects of evidence law during this extended review of evidence law. An earlier options paper on hearsay has also been published here with this project.

The project produced two reports with recommendations for reform of evidence law, one on witness anonymity and a final report with a draft evidence statute.

See also a related project on police questioning.

The Law Commission’s reference on evidence has the following purpose:

To make the law of evidence as clear, simple and accessible as practicable, and to facilitate the fair, just and speedy judicial resolution of disputes.

With this purpose in mind the Law Commission is asked to examine the statutory and common law governing evidence in proceedings before courts and tribunals and make recommendations for its reform with a view to codification.

The evidence reference may be read together with the criminal procedure reference, the purpose of which is:

To devise a system of criminal procedure for New Zealand that will ensure the fair trial of persons accused of offences, protect the rights and freedoms of all persons suspected or accused of offences, and provide effective and efficient procedures for the investigation and prosecution of offences and the hearing of criminal cases. 

The Law Commission published a series of discussion papers on different aspects of evidence law during this extended review.

Hearsay Evidence (NZLC PP10, 1989)

The Commission's Preliminary Paper, Hearsay Evidence (NZLC PP10, 1989).

Evidence Law: Principles for Reform (NZLC PP13, 1991)

The Commission's Preliminary Paper, Evidence Law: Principles for Reform (NZLC PP13, 1991).

Evidence Law: Codification (NZLC PP14, 1991)

The Commission's Preliminary Paper, Evidence Law: Codification (NZLC PP14, 1991).

Evidence Law: Hearsay (NZLC PP15, 1991)

The Commission's Preliminary Paper, Evidence Law: Hearsay (NZLC PP15, 1991).

Evidence Law: Expert Evidence and Opinion Evidence (NZLC PP18, 1991)

The Commission's Preliminary Paper, Evidence Law: Expert Evidence and Opinion Evidence (NZLC PP18, 1991).

Evidence Law: Documentary Evidence and Judicial Notice (NZLC PP22, 1994)

The Commission's Preliminary Paper, Evidence Law: Documentary Evidence and Judicial Notice (NZLC PP22, 1994).

Evidence Law: Privilege (NZLC PP23, 1994)

The Commission's Preliminary Paper, Evidence Law: Privilege (NZLC PP23, 1994)

The Privilege against Self-Incrimination: a Discussion Paper (NZLC PP25, 1996)

The Commission's Preliminary Paper, The Privilege against Self-Incrimination: a Discussion Paper (NZLC PP25, 1996).

The Evidence of Children and Other Vulnerable Witnesses (NZLC PP26, 1996)

The Commission's Preliminary Paper, The Evidence of Children and Other Vulnerable Witnesses (NZLC PP26, 1996)

Evidence Law: Character and Credibility (NZLC PP27, 1997)

The Commission's Preliminary Paper, Evidence Law: Character and Credibility (NZLC PP27, 1997).

Evidence Law: Witness Anonymity (NZLC PP29, 1997)

The Commission's Preliminary Paper, Evidence Law: Witness Anonymity (NZLC PP29, 1997).

Total Recall: The Reliability of Witness Testimony (NZLC MP13, 1999)

The Commission's Miscellaneous Paper, Total Recall: The Reliability of Witness Testimony (NZLC MP13, 1999).

Evidence Law: Witness Anonymity (NZLC R42, 1997)

The Commission's Report, Evidence Law: Witness Anonymity (NZLC R42, 1997).

Evidence (NZLC R55, 1999)

The Commission's Report, Evidence (NZLC R55, 1999) was published in two volumes:

• Evidence. Volume 1: Reform of the Law
• Evidence. Volume 2: Evidence Code and Commentary
  

The Commission’s recommendations from Evidence Law: Witness Anonymity (NZLC R42) were largely implemented by the Evidence (Witness Anonymity) Act 1997.

The Commission’s recommendations from Evidence Law (NZLC R55) were reflected in the Evidence Act 2006.

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).