NZQA Expiring unit standard 26924 version 2 Page 1 of 3 Title Demonstrate knowledge of evidence and the Evidence Act 2006 in relation to compliance investigations Level 5 Credits 10 Purpose This unit standard is intended for people who work in compliance roles in public sector organisations. People credited with this unit standard are able to: describe the purpose and fundamental principles of the Evidence Act 2006; explain key terms relating to evidence in relation to compliance investigations; describe situations in compliance investigations where information and any exhibits collected may not be admissible as evidence at legal proceedings; and describe ways of producing evidence in court. Classification Public Sector Compliance > Public Sector Compliance Investigations Available grade Achieved Entry information Recommended skills and knowledge Unit 26901, Demonstrate knowledge of offences, the rules of evidence, and evidence management in a compliance environment, or demonstrate equivalent knowledge and skills. Explanatory notes 1 Legislation applicable to this unit standard includes but is not limited to: Evidence Act 2006; New Zealand Bill of Rights Act 1990; and specific legislation mandating the powers and duties of persons carrying out a compliance role in a specific organisation and/or any other legislation applicable to a particular compliance situation (e.g. Fisheries Act 1996, Resource Management Act 1991). Legislation includes any applicable subordinate legislation such as regulations, bylaws, and licence conditions. Any legislation superseding any of the above will apply for the purpose of assessment. 2 Demonstration of knowledge and skills must be consistent with any applicable code or codes of conduct such as the New Zealand State Services Code of Conduct, Standards of Integrity and Conduct (available from http://www.ssc.govt.nz) and/or any other organisation-specific code or codes of conduct. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 3 26924 version 2 Page 2 of 3 Definitions Compliance (role of) refers to the role, in a public sector organisation, of assessing compliance subjects’ levels of adherence with regulatory requirements and carrying out any appropriate intervention. Compliance investigation refers to the process of gathering and assessing information to determine facts and, thereby, to determine degree of compliance or otherwise. Compliance subject refers to a natural person or an entity that is subject, in a particular compliance context, to being regulated. Exhibit refers to material evidence secured in the course of an investigation. Evidence refers to information given personally, or drawn from a document or exhibit, which tends to prove or disprove a fact. Outcomes and evidence requirements Outcome 1 Describe the purpose and fundamental principles of the Evidence Act 2006. Evidence requirements 1.1 Description of the purpose of the Act is consistent with section 6 of the Act. 1.2 Description of the fundamental principles of the Act that determine the admissibility of evidence is consistent with section 7 of the Act. Outcome 2 Explain key terms relating to evidence in relation to compliance investigations. Range hearsay, opinion, improperly obtained evidence, veracity, propensity, privilege, confidentiality, eligibility, corroboration. Evidence requirements 2.1 Explanation is consistent with the Evidence Act 2006 and/or its application. 2.2 Explanation includes examples of how these key terms may be applied to evidence relating to compliance investigations. Outcome 3 Describe situations in compliance investigations where information and any exhibits collected may not be admissible as evidence at legal proceedings. Range evidence of six different situations is required. Evidence requirements 3.1 Description explains why information and any exhibits collected may not be admissible as evidence. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 3.2 26924 version 2 Page 3 of 3 Description refers to and is consistent with the Evidence Act 2006. Outcome 4 Describe ways of producing evidence in court. Range ways of producing evidence may include but are not limited to – evidence from a distance, production of physical exhibits, alternative means for witnesses not called to give evidence in chief, oral evidence, documentary evidence, electronic evidence, identification, evidence from minors; description of five ways of producing evidence is required. Evidence requirements 4.1 Description is consistent with the Evidence Act 2006. Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 15 April 2011 31 December 2020 Review 2 18 February 2016 31 December 2020 Consent and Moderation Requirements (CMR) reference 0121 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMRs). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. Comments on this unit standard Please contact The Skills Organisation at reviewcomments@skills.org.nz if you wish to suggest changes to the content of this unit standard. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016