New Zealand Case Law: Decisions & Judgments

Topic

Hearsay admissibility

Legal area

Court

19 Jun 2023

L (CA631/2021) v R [2023] NZCA 246

Citation

[2023] NZCA 246
Court

Court of Appeal

The Judge did not err: evidential material was insufficient to establish C was unavailable under s16(2)(c) (no expert or cogent evidence of unfitness and C had actively participated in preparing and initialling a coherent brief) nor that it was not reasonably practicable for her to give evidence remotely; therefore the hearsay statement was rightly excluded. The trial Judge's general directions addressing credibility, prejudice and sympathy were adequate and tailored limiting directions were not required.
1 Dec 2022

EDWARDS v A PROFESSIONALCONDUCT COMMITTEE [2022] NZHC 3189

Citation

[2022] NZHC 3189
Court

High Court

On the rehearing the Court concluded the Tribunal was entitled to prefer the independent expert evidence and to admit key hearsay material under the Tribunal's residual discretion; multiple particulars of malpractice, negligence and professional misconduct were established (notably endoscopic surgery without consent, causing serious harm through inappropriate or substandard surgical techniques, and modification of clinical records); those findings justified disciplinary sanction including censure and cancellation of the appellant's registration as a podiatric surgeon, while certain lesser par…
15 Nov 2022

R v WENSOR [2022] NZHC 2983

Citation

[2022] NZHC 2983
Court

High Court

The hearsay excerpts from the deceased's mother and sister‑in‑law, the nominated written statements and the specified portions of the youngest son's video interview were admissible: the deceased was unavailable, the circumstances of the statements provided a reasonable assurance of reliability, the material was relevant to family dynamics and motive and its probative value outweighed any legitimate prejudicial effect; the 14‑year‑old interviewee was competent and consent was appropriate in the circumstances.
22 Feb 2022

RAYMOND ARANUI v R [2022] NZCA 25

Citation

[2022] NZCA 25
Court

Court of Appeal

The hearsay statements recorded by the police officer were properly admitted because the circumstances (prompt recording, coherence, partial corroboration and officer impartiality) provided reasonable assurance of reliability; the trial judge's summing-up adequately conveyed the defence case and cautioned the jury to decide weight and credibility; with the hearsay admitted there was sufficient evidence for a verdict beyond reasonable doubt, so no miscarriage occurred and the appeal is dismissed.
24 Sept 2021

CODY HURITU v NEW ZEALAND POLICE [2021] NZSC 126

Citation

[2021] NZSC 126
Court

Supreme Court

The Supreme Court refused leave because the Court of Appeal's finding that the complainant was unavailable under s16(2)(d) was a fact-based determination supported by the evidence and within the legislative scheme; the hearsay notice dispensation and related admissibility issues were factual and did not raise matters of general or public importance warranting this Court's intervention.
23 Aug 2021

CLAUSEN v R [2021] NZCA 396

Citation

[2021] NZCA 396
Court

Court of Appeal

The Court held that s 22A was satisfied: intercepted communications and surrounding conduct provided reasonable evidence of a conspiracy to purchase and supply pseudoephedrine and that Clausen was a member; the intercepted communications were therefore admissible; the jury verdict was not unreasonable on the totality of the evidence; the sentencing starting point was within range given Clausen's role and the scale of the operation; appeals dismissed.
4 Aug 2021

R v McMILLAN [2021] NZHC 1993

Citation

[2021] NZHC 1993
Court

High Court

On the totality of admissible and reliable evidence (CCTV, Auror records, telecommunications, vehicle use, seized two kilograms in Tiida, guilty pleas by associates and the defendant's lack of credibility) the Crown proved beyond reasonable doubt that the defendant received shipments on seven Auckland trips and that at least one kilogram was involved in each trip, resulting in seven kilograms for charge 7; combining admitted and proven quantities for all charges yields a total of 10.37 kilograms for sentencing purposes.
23 Jul 2021

FULLARTON v AWN HOLDINGS LIMITED [2021] NZHC 1873

Citation

[2021] NZHC 1873
Court

High Court

The Court fixed costs now against the first plaintiff for the unsuccessful summary judgment application because the application was an unsuitable and novel vehicle for complex securities/promoter liability issues, relied substantially on inadmissible (double) hearsay evidence, and conferred no procedural benefit; costs assessed by reference to Category 3 with specific adjustments, and costs for the r 4.24 representative proceedings application awarded to plaintiffs on Category 3B.
19 Apr 2021

NATIONAL STANDARDS COMMITTEE (NO 1) OF THE NEW ZEALAND LAW SOCIETY v X [2021] NZHC 821

Citation

[2021] NZHC 821
Court

High Court

Given the maker of the hearsay was available and the hearsay statements were the pivotal evidence lacking sufficient detail and reliability, admission would contravene the natural justice right to test and challenge the accuser; applying Nursing Council the Tribunal correctly required Evidence Act admissibility as a threshold and properly exercised its discretion to exclude the hearsay to avoid unacceptable prejudice to the practitioner, so the High Court dismissed the appeal and upheld the exclusion.
14 Apr 2021

VENOD SKANTHA v R [2021] NZCA 117

Citation

[2021] NZCA 117
Court

Court of Appeal

The Court dismissed the appeal: the trial Judge did not err in declining an accomplice/reliability warning because W's reliability was a central, obvious issue to the jury; propensity evidence was admissible and relevant to motive and was properly managed and cautioned against unfair prejudice; exclusion of specific hearsay was correct on reliability grounds and would not have affected the outcome; lies and demeanour directions were orthodox and not prejudicial; cumulatively there was no real risk of a different outcome and convictions were upheld.