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Law Commission publishes recommendations on Evidence Act
April 05, 2019 at 11:26 AM
The Law Commission has published the final report from its review of the Evidence Act 2006.
Parliament requires the Law Commission to review the Evidence Act every five years. This is the second review of the Act. As part of the review, the Law Commission was asked to take a specific look at rules of evidence related to sexual and family violence.
The report, The Second Review of the Evidence Act 2006 – Te Arotake Tuarua i te Evidence Act 2006 (2019) has 27 recommendations. The report also includes a draft Evidence Amendment Bill which proposes changes to the Act.
The Law Commission media release provides a brief summary of the recommendations.
A number of recommendations relate to sexual and family violence cases, including recommendations in relation to:
- Evidence of sexual experience
- Giving evidence in sexual and family violence cases
- Unacceptable questioning
- Myths and misconceptions in sexual and family violence cases
- Judicial directions on the impact of significant delay