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Act In force Latest version as at 03 September 2007 (as enacted) | 2007 No 24 | Administered by Ministry of Justice

Evidence Amendment Act 2007

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Act In force Latest version as at 03 September 2007 (as enacted) | 2007 No 24 | Administered by Ministry of Justice

Evidence Amendment Act 2007

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Evidence Amendment Act 2007

Public Act 2007 No 24
Date of assent 3 July 2007
Note

This Act is administered by the Ministry of Justice.

Contents

The Parliament of New Zealand enacts as follows:

1 Title

  • This Act is the Evidence Amendment Act 2007.

2 Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

Part 1
Substantive amendments

4 Application

  • Section 5(3) is amended by omitting “Act” in the second and third places where it appears and substituting in each case “section”.

5 New section 12A inserted

  • The following section is inserted after section 12:

    “12A Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved

    • Nothing in this Act affects the rules of the common law relating to—

      • “(a) the admissibility of statements of co-conspirators or persons involved in joint criminal enterprises; or

      • “(b) the admissibility of a defendant's statement against a co-defendant in circumstances where the defendant's statement is accepted by the co-defendant.”

6 Defendants' statements offered by prosecution

  • Section 27 is amended by adding the following subsection:

    • “(4) To avoid doubt, this section is subject to section 12A.”

Part 2
Consequential amendments

7 Exclusion of unreliable statements

  • Section 28(1)(a) is amended by inserting “or, if applicable, a co-defendant” after “the defendant”.

8 Exclusion of statements influenced by oppression

  • Section 29(1)(a) is amended by inserting “or, if applicable, a co-defendant” after “the defendant”.

9 Improperly obtained evidence

  • Section 30(1)(a) is amended by inserting “or, if applicable, a co-defendant” after “the defendant”.

Legislative history
19 June 2007 Introduction (Bill 129-1), first reading and referral to Justice and Electoral Committee
22 June 2007 Reported from Justice and Electoral Committee (Bill 129-2)
28 June 2007 Second reading, committee of the whole House, third reading
Act In force Latest version as at 03 September 2007 (as enacted)

Evidence Amendment Act 2007

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