LEGAL401-21B (HAM)

The Law of Evidence

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Paulette Benton-Greig

Paulette Benton-Greig
7724
N.5.09
See Moodle
paulette.benton-greig@waikato.ac.nz

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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An overview of the principles, policy matters and rules that make up the law of evidence in civil and criminal cases.

The rules of evidence determine what information can be presented in a hearing or trial, and therefore heavily effects these processes of dispute resolution. In doing so, they also influence a wide range of investigative and other conflict resolution processes. The law of evidence is therefore a highly policy and values driven area of the law. This course will be structured around how the laws of evidence balance the values of rights, fairness, public interests and social policy alongside the legal imperatives of integrity, efficacy, certainty and flexibility. We will canvas about the scope and role of the Evidence Act 2006, how it controls trial process and to what ends, as well as the general test of admissibility and the exclusionary rules.

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Paper Structure

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The paper will be delivered in FLEXI format - simultaneously in-person in the classroom and on Zoom; with all classes recorded and available in Panopto after the class.

The principle content of the paper will be taught in one two-hour class per week.

Some guest lectures and skills development exercises may also be integrated into the course. These may need to be scheduled at times outside of timetabled lectures, but every effort will be made to enable students to participate.

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Demonstrate a conceptual understanding of the nature and uses of evidence
    Linked to the following assessments:
    • Take home test (1)
    • Final Test (3)
  • Describe core aspects of trial process as relates to the admissibility and use of evidence and of rules about questioning witnesses
    Linked to the following assessments:
    • Take home test (1)
  • Critically discuss the principles and policy dimensions of the admissibility of evidence in NZ
    Linked to the following assessments:
    • Research essay (2)
  • Critically discuss the practical tensions in the application of the rules of evidence in the courtroom
    Linked to the following assessments:
    • Research essay (2)
  • Demonstrate an understanding of, and apply to factual scenarios, the rules that determine what evidence is admissible in New Zealand courts
    Linked to the following assessments:
    • Take home test (1)
    • Final Test (3)
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Assessment

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Assessment is comprised of:

  1. A take home test applying the fundamental rule of admissibility and covering trial process issues (worth 20%)
  2. A research essay engaging with an issue of policy and reform in the law of evidence (worth 30%)
  3. A final test assessing the ability to identify types of evidence and apply the exclusionary rules in factual scenarios (worth 50%)
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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Take home test
9 Aug 2021
9:00 AM
20
  • Online: Submit through Moodle
2. Research essay
29 Sep 2021
5:00 PM
30
  • Online: Submit through Moodle
3. Final Test
50
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to refer to Coppard, McLay, Murray & Orpin-Dowell New Zealand Law Style Guide (3rd ed, Thomson Reuters, 2018) for referencing guidance. This is available from Bennetts, at an approximate price of $37.

You will also need access to the Evidence Act 2006. You can buy it in hardcopy from Bennetts, use it online at www.legslation.govt.nz or read it alongside commentary in one of the texts listed below.

Cases referred to in class and which have important content will be available electronically on the course reading list accessible via the Moodle page. Other useful cases can be located on either WestLaw NZ or Lexis Advance NZ through the library databases webpage.

The following books are all helpful resources and you should expect to need to refer to them – whether you buy them or make use of available copies is for you to decide.

There are two narrative discussions - both relate to evidence in criminal cases and are authored by Elisabeth McDonald.

  1. Elisabeth McDonald Principles of Evidence in Criminal Cases (Thomson Reuters, Wellington, 2012). It is only available in print. There are three copies in the library – one on high demand. While the principles remain the same, it is somewhat out of date with regard to statute and case law, so you need to refer to more recent texts for updates.
  2. Elisabeth McDonald 'Evidence in Criminal Cases' (part) in Adams on Criminal Law - Evidence (Westlaw NZ online) - up-to-date succinct summary of the rules of evidence.

There are several excellent analysis and commentary texts on evidence:

  1. Cross on Evidence – available on Lexis Advance; provides section by section analysis, last update 2017
  2. Adams on Criminal Law – Evidence – available on Westlaw NZ online; provides section by section and is continually updated
  3. Mahoney on Evidence: Act & Analysis (Thomson Reuters, 2018). Available in paper copy in the library, also purchasable in electronic form.

There is Student Companion for Evidence which contains relevant legislation (but not all the Evidence Act 2006) and a summary of the key cases in relevant areas. It is cheaper than the above texts: Brenda Midson & Terry Singh Student Companion: Evidence (3rd ed, LexisNexis, 2017)

Other materials may be made available on Moodle from time to time.

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Recommended Readings

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See above for guidance on usage:

Mathew Downs (ed) Cross on Evidence (10th ed (2017) or online ed, LexisNexis)

Elisabeth McDonald 'Evidence in Criminal Cases; in Adams on Criminal Law – Evidence (online looseleaf ed, Thomson Reuters)

Elisabeth McDonald Principles of Evidence in Criminal Cases (Thomson Reuters, 2012)

Elisabeth McDonald & Scott Optican (eds) Mahoney on Evidence: Act & Analysis (Thomson Reuters, 2018).

Brenda Midson & Terry Singh Student Companion: Evidence (3rd ed, LexisNexis, 2017)

Simon France (ed) Adams on Criminal Law – Evidence (online looseleaf ed, Thomson Reuters)

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Other Resources

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University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
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Linkages to Other Papers

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This paper supplements the core law papers with knowledge and skills essential to putting them into practice in the courts.
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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS401

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