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Previous Consistent Statements

Evidence Act 2006    Westlaw    Lexis Nexis


See Rongonui v R [2010] NZSC 92Hart v R [2010] NZSC 91R v B (SC88/ 10) [2010] NZSC 160.

But note res gestae amendment to s 35 which now reads:

35 Previous consistent statements rule
(1)  A previous statement of a witness that is consistent with the witness’s evidence is not admissible unless subsection (2) applies to the statement.
(2)  A previous statement of a witness that is consistent with the witness’s evidence is admissible if the statement—

(a)  responds to a challenge that will be or has been made to the witness’s veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of invention on the part of the witness; or
(b)  forms an integral part of the events before the court; or
(c)  consists of the mere fact that a complaint has been made in a criminal case.

Updated on June 7, 2021

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