Open Access Te Herenga Waka-Victoria University of Wellington
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"Any evidence" in the Family Court

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Version 2 2023-09-22, 02:14
Version 1 2021-11-22, 20:23
thesis
posted on 2021-11-22, 20:23 authored by Hickman, Caroline

This dissertation examines the origins and justification for the “any evidence” rule which has been a feature of New Zealand family law for many years. The rule provides judicial discretion to admit evidence in the Family Court which would be otherwise inadmissible. Its ongoing value has never been closely examined, although the rule has frequently been criticised.  Selected cases have been examined to determine if reliance on the Evidence Act without the “any evidence” rule would have the deleterious outcomes contemplated. Analysis has shown that the rule has very little use and conversely, that the detriment caused by the rule is greater than the harm it was designed to remedy.  Repeal and reform options are considered to better achieve the specific purposes of the various family law statutes as well as improve the integrity of the Family Court process overall.

History

Copyright Date

2017-01-01

Date of Award

2017-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Discipline

Law

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Level

Masters

Degree Name

Master of Laws

ANZSRC Type Of Activity code

1 PURE BASIC RESEARCH

Victoria University of Wellington Item Type

Awarded Research Masters Thesis

Language

en_NZ

Alternative Language

en

Victoria University of Wellington School

School of Law

Advisors

Atkin, Bill; McDonald, Elisabeth