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[email address] | www.justice.govt.nz
9 July 2025
Marcus W
[FYI request #31205 email]
Ref: OIA 122851
Tēnā koe Marcus
Official Information Act request: Section 49 of the Evidence Act 2006
Thank you for your email of 3 June 2025 to the Ministry of Justice (the Ministry), requesting
information about section 49 of the Evidence Act 2006 (the Evidence Act), under the Official
Information Act 1982 (the OIA). Specifically, you requested:
1. Any internal memoranda, reports, or communications within the Ministry of Justice
that evaluate the operation or effectiveness of s 49 or that raise concerns about its
fairness or practical effect.
2. Any correspondence after January 1, 2022, between the Ministry and the Law
Commission or Crown Law relating to s 49, including in the context of the Law
Commission's 2023 review of the Evidence Act.
3. Any complaints or formal submissions received by the Ministry from legal
practitioners, academics, or members of the public expressing concerns about the
application of s 49 since 2022.
On 11 June 2025, the Ministry contacted you to clarify part 1 of your request. On the same
day, you confirmed that your request could be clarified to the following:
1. Any formal papers the Ministry has regarding s 49 of the Evidence Act 2006 after
January 1, 2022.
In response to part 1 of your request, please refer to the Appendix below which lists the
documents in scope of your request and my decision on their release.
Information in document 1 and 1.3 that relates to section 49 of the Evidence Act has been
provided to you in excerpts, in line with section 16(1)(e) of the OIA, which enables
information to be provided in the form of an excerpt or summary of the contents.
Further, some information in document 1.3 has been withheld under section 9(2)(g)(i) of the
OIA, to maintain the effective conduct of public affairs through the free and frank expression
of opinions. In withholding information under section 9 of the OIA, I have considered the
public interest and do not consider that it outweighs withholding the information at this time.
In response to part 2 of your request, I can advise that there was no correspondence
between the Ministry and the Law Commission (the Commission) or Crown Law relating to
section 49 of the Evidence Act for the time period you requested, in relation to the
Commission’s 2023 review of the Evidence Act. I am therefore refusing this part of your
request under section 18(e) of the OIA, as the information requested does not exist.
In response to part 3 of your request, I can advise that the Ministry did not receive any
complaints or formal submissions expressing concerns about the application of section 49 of
the Evidence Act from 1 January 2022 to the date of your request. I am therefore refusing
this part of your request under section 18(e) of the OIA, as the information requested does
not exist.
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
Official Information Act responses | New Zealand Ministry of Justice
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted
by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Naomi Stephen-Smith
Acting General Manager, Courts and Justice Services
Appendix 1: Formal papers regarding section 49 of the Evidence Act 2006, from 1 January 2022 to 11 June 2025
Doc no.
Date
Document type
Document title
Decision on release
Aide memoire summarising the Law
Excerpts relating to section 49 of the
1
15 July 2022
Aide memoire
Commission’s recent reviews of the Evidence
Evidence Act released.
Act 2006
Refused under s18(d) of the OIA. Publicly
1.1
February 2019 Report
The Second Review of the Evidence Act 2006
available at:
NZLC-R142.pdf
Government Response to the Law Commission Refused under s18(d) of the OIA. Publicly
2 September
Government
1.2
report: The Second Review of the Evidence Act available at:
NZLC-Government-response-
2019
response
2006 Te Arotake Tuarua I te Evidence Act 2006
R142.pdf
Law Commission’s Second Review of the
Excerpts relating to section 49 of the
1.3
15 July 2022
Status update
Evidence Act released and some information
Evidence Act: Status of Recommendations
withheld under s9(2)(g)(i) of the OIA.