Evidence Act 2011

This section applies if a party is cross-examining or has cross‑examined a witness about—

a prior inconsistent statement alleged to have been made by the witness that is recorded in a document; or

a previous representation alleged to have been made by someone else that is recorded in a document.

If the court orders or if another party requires, the party must produce to the court or to the other party—

the document; or

evidence of the contents of the document that is available to the party.

The court may—

examine a document or evidence that has been produced under subsection (2); and

give directions as to its use; and

admit it even if it has not been tendered by a party.

Subsection (3) does not permit the court to admit a document or evidence that is not admissible because of chapter 3.

The mere production of a document to a witness who is being cross‑examined does not give rise to a requirement that the cross‑examiner tender the document.