The 'any evidence' rule in New Zealand family law (Record no. 8117)

MARC details
000 -LEADER
fixed length control field 01907nab a22002657a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151635.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 230419s2020 -nz|| |||| 00| 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency AFVC
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name High, Anna
9 (RLIN) 10386
245 ## - TITLE STATEMENT
Title The 'any evidence' rule in New Zealand family law
Statement of responsibility, etc Anna High and Caroline Hickman
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc New Zealand Law Foundation,
Date of publication, distribution, etc 2020
500 ## - GENERAL NOTE
General note New Zealand Law Review, 2020, 29(1) 49-74
520 ## - SUMMARY, ETC.
Summary, etc The ‘any evidence’ rule provides judicial discretion to admit evidence in the Family Court that would otherwise be inadmissible. Although the rule has frequently been criticised, its operation and ongoing value have not been closely examined. In its recently-reformed iteration, the ‘any evidence’ rule embodies and demands a rigorous approach to evidentiary issues in the Family Court, premised on fundamental Evidence Act principles of relevance, probative value and prejudicial effect. In this first comprehensive review of the New Zealand family law ‘any evidence’ rule, based on an analysis of post-reform case law, we argue that the rule should be repealed. It is unnecessary, other than in relation to the special issue of children’s hearsay, and in practice contributes to a lax approach to the admission of evidence in the Family Court. We conclude by setting out recommendations for reformed law and practice, and directing users towards a more principled approach to family law evidence in the meantime. (Authors' abstract). Record #8117
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element FAMILY COURT
9 (RLIN) 241
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element FAMILY LAW
9 (RLIN) 244
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CHILDREN
9 (RLIN) 127
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element EVIDENCE
9 (RLIN) 237
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element LAW REFORM
9 (RLIN) 338
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name NEW ZEALAND
9 (RLIN) 2588
700 ## - ADDED ENTRY--PERSONAL NAME
Personal name Hickman, Caroline
9 (RLIN) 8458
773 ## - HOST ITEM ENTRY
Title New Zealand Law Review, 2020, 29(1) 49-74
830 ## - SERIES ADDED ENTRY--UNIFORM TITLE
Uniform title New Zealand Law Review
9 (RLIN) 5171
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="http://hdl.handle.net/10523/12221">http://hdl.handle.net/10523/12221</a>
Public note Read online
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Journal article
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Date acquired Total Checkouts Full call number Barcode Date last seen Price effective from Koha item type
    Dewey Decimal Classification     Vine library Vine library 19/04/2023   Online ON23040035 19/04/2023 19/04/2023 Access online