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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $185 - NZLS members and Associate members
  • $240 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 120 minutes
2
CPD HRS

Evidence is fundamental to the outcome of any civil litigation case because, in the usual course of events, the facts at issue in a case must be proved by the evidence. This module will consider some of the key themes emerging from the Law Commission’s Third Review of the Evidence Act 2006 and some recent cases, to assist you in gaining an enhanced understanding of the practical implications of the Evidence Act 2006.

This module will include:

  • An update on significant proposed reforms to the principles and rules of procedure relating to evidence in the Law Commission’s Third Review of the Evidence Act and the Rules Committee’s Improving Access to Civil Justice reports (in which areas of proposed reform include the rules of hearsay, discovery, preparation of written evidence, privilege, and the duty of cross examination)
  • An update on relevant recent case law (including in respect of legal privilege)
  • Practical tips on preparation of written briefs of evidence, including expert briefs, to comply with the requirements of the Evidence Act 2006.

Learning objectives

By completing this module you will obtain:

  • Up-to-date understanding of topical issues and recent developments in relevant aspects of the law of evidence.
  • Understanding of the practical implications of those developments.

Electronic paper 

Authors: Allison Ferguson, Guy Tompkins
Published: 3 September 2024
Pages: 56

Introduction

The focus of this paper is to provide an update on evidential issues relevant to civil litigation. It is not a comprehensive review of the law of evidence as it applies to civil litigation, but rather concentrates on certain issues that are topical.

Presently, the main source of topical issues are the reforms proposed by the Law Commission in its Te arotake tuatoru i te Evidence Act 2006 The Third Review of the Evidence Act 2006 (the Third Review), and the Rules Committee’s (Committee) Improving Access to Civil Justice (Access to Justice) report released in November 2022. Both of these reports have identified areas of evidence law and procedure that are perceived to not be working well. Significant reform to the rules of evidence is recommended that if enacted will have a material impact on the practice of civil litigation in New Zealand.

The reforms represent some of the biggest potential changes to practice in a generation. In particular, the proposed changes to application of the hearsay rule in civil proceedings, the way in which documentary and written evidence is prepared and served, discovery, and the duty of cross examination. Reform is also recommended on provisions of the Evidence Act 2006 (the Act) governing privilege.

The Third Review contains some important recommendations in relation to the admission of mātauranga and tikanga as evidence. These are addressed under the hearsay topic below.

This update also covers recent case law addressing issues of privilege, expert evidence and admissibility generally. These are topics which have practical impact on the practice of civil litigation and are regularly the topic of judicial consideration.

PowerPoint Presentation

These are the slides included in the presentation.

FERGUSON Allison-797 TOMPKINS Guy-620  
Allison Ferguson
Wilson Harle
Auckland		 Guy Tompkins
Wilson Harle
Auckland		  

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