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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23054
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a question of whether a question of mine is a

Customer Question

I have a question of whether a question of mine is a question of law or a question of fact.
If a judge in a case ignores the evidence, is that a question of law or a question of fact. I am not saying that the judge considered the evidence and decided to reject it on some reasoned basis. I am saying the evidence was not considered. So, is it a question of law that a judge be allowed to ignore evidence. My limited understanding of the Evidence Act 2006 is that it does not allow for evidence to be ignored unless it is unfairly obtained.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

ooked or not consideredThis is an issue of law if the judge has not considered the evidence and it is admissible and relevant. He could have rejected the evidence on those issues, but not specifically referred to this, although he should have. However the judge does not need to rule on every bit of evidence as to weight and use in his decision. If he has not mentioned a minor piece, that is common. If major issues in evidence have been overlooked, or not mentioned, that could be a ground for appeal. It's often the importance of the evidence in the case which is an issue which the judge will consider.