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Overview

Course Prescription

An overview of the rules related to the presentation of proof in New Zealand civil and criminal trials — including the rules relating to: relevance and unfair prejudice; eligibility and compellability; opinion evidence; examination-in-chief; cross-examination; privilege and hearsay.

Course Overview

Evidence can be defined as the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. The law of evidence comprises the legal rules regulating those means in a courtroom or tribunal setting. In general, there are four principal areas with which the law of evidence is concerned:
(i) The kind of evidence that will be acceptable in court;
(ii) How the trier of fact may use evidence to make findings in civil and criminal proceedings;
(iii) The manner in which evidence can be presented;
(iv) The persons who may or must give evidence - and how they may be questioned in court proceedings.
This course examines the legal rules of evidence in New Zealand relating to the four general areas outlined above and as set out in the Evidence Act 2006. The aim of the class is to give students a basic grounding in significant rules of evidence applicable to civil and/or criminal trial practice in New Zealand courts.

Workload Expectations

This is a standard 15-point course.  The guideline for the total workload for this course is 150 hours.

Course Prerequisites, Corequisites and Restrictions

Prerequisite
Restriction

Advice on Course Limits

This is a limited entry course: there is a limit on the number of enrolments due to staff or space capacity. In cases where the courses is taught under two separate codes (e.g. concurrently taught courses, general education courses) the course limit specified is the total across both versions of the course. For more information, please see the Programme and Course Limitations section of the University Academic and General Statutes and Regulations.

Locations and Semesters Offered

LocationSemester
City
City

Teaching and Learning

Campus Experience

Attendance is expected at lectures. 
Lectures will be available as recordings.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Additional Information on Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Digital links to the course materials will be available via Canvas. No additional text need be purchased.

However, students must obtain a copy of the Evidence Act 2006. This is available online at http://www.legislation.govt.nz/ and on the course Canvas website. Additional materials may be made available from time-to-time and will be posted on Canvas.


The following study resources are also available at the Davis Law Library:

— A text that is strongly recommended for this course is Elisabeth McDonald and Scott Optican Mahoney on Evidence: Act and Analysis (2nd ed, Thomson Reuters, Wellington, 2024) which thoroughly covers the Evidence Act 2006 and its operation. It includes the full text of the Act and all regulations to the date of publication.

— For a more in-depth examination of specic aspects of the Evidence Act 2006 in criminal cases, see McDonald, Principles of Evidence in Criminal Cases (Brookers Ltd, Wellington, 2012).

— For the most current cases, students can consult the continually updated chapter on “Evidence” in Adams on Criminal Law (Brookers Looseleaf ed) (also available through Brookers OnLine: see “Adams on Criminal Law – Evidence” at: http://www.library.auckland.ac.nz/databases/record/index.asp?record=brookers).

— Recent case law on the Evidence Act 2006 can also be accessed through Cross on Evidence (available through LexisNexis Online at: http://www.library.auckland.ac.nz/databases/record/index.asp?record=LexNZ).

— A useful summary of each year’s evidence case law by Auckland Law School Associate Professor Scott Optican is also published annually or bi-annually in the New Zealand Law Review.

— The New Zealand Law Journal and Capital Letter are also good, current sources of cases and articles dealing with evidence law.

As appropriate, information will be made available on the LAWGENRL 415 course page on Canvas: login at http://canvas.auckland.ac.nz.

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license. You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Assessment and Learning Outcomes

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type12345

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Based on student feedback, this year more assessments worth less weight each  (5 between 10-35%) have been added. 

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor. Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Additional Information on Inclusive Learning

Most of the materials that we will read, as well as much of our discussion in class, will use the pronouns “he/him/his” or “she/her/hers.” Of course, gender is not binary, and some people prefer to use “they/them/their” or “ze/hir” for individuals. I try to limit the use of pronouns, but when pronouns are necessary, sometimes having a singular pronoun match a singular noun can be important for clarity. If you have a preferred pronoun, please let me know at your earliest convenience. If I refer to you by an incorrect pronoun, please also let me know that, so that I can correct my mistake.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.