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StatuteResidential Tenancies Act 1986

Section 97 — Residential Tenancies Act 1986: Evidence

Text of the provision Official document

97 Evidence (1) The Tribunal shall not have the power to administer an oath but may require a person giving evidence at a hearing to make a statement promising to tell the truth. (2) Where a witness is required to make such a statement under subsection (1) of this section, a Tenancy Adjudicator or an officer of the Tribunal shall put to the witness the following questions, or words of similar effect, to which the witness shall indicate assent: “ Do you promise to tell the truth? And do you understand that if you fail to tell the truth you will be liable to prosecution for giving false evidence? ” (3) The Tribunal may permit a party or witness to give evidence by tendering, or tendering and reading, a written statement and, if the Tribunal so requires, stating it to be the truth. (4) Subject to section 89 of this Act, the Tribunal may call for and receive as evidence any statement, document, information, matter, or thing that in its opinion may assist it to deal effectually with the matters before it, whether or not the same would be admissible in a court of law. (5) The Tribunal may in any proceedings make use of any facts that may be judicially noticed. (6) The Tribunal shall have power to refuse to accept any evidence or submission that is irrelevant or repetitious. (7) Without limiting section 101 of this Act, every person appearing before the Tribunal shall have the same privileges as witnesses have in courts of law in relation to the following matters: (a) The giving of any evidence and the answering of any questions: (b) The giving to the Tribunal of any information or statement: (c) The production to the Tribunal of any document or thing.

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.