NZQA Expiring unit standard
26901 version 2
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Title
Demonstrate knowledge of offences, the rules of evidence, and
evidence management in a compliance environment
Level
3
Credits
4
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: demonstrate
knowledge of offences; demonstrate knowledge of the rules of
evidence; and describe evidence management in a compliance
environment.
Classification
Public Sector Compliance > Public Sector Compliance
Operations
Available grade
Achieved
Entry information
Recommended skills
and knowledge
Unit 19904, Read and interpret legislation, or demonstrate
equivalent knowledge and skills.
Explanatory notes
1
This unit standard is
Legislation includes any applicable
subordinate legislation such as regulations,
expiring
bylaws, and licence conditions. Any legislation superseding any of the above will
Legislation applicable to this unit standard includes but is not limited to:
Evidence Act 2006;
New Zealand Bill of Rights Act 1990.
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.
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 environment refers to the physical, social, economic, political, and
geographical environment that a public sector organisation’s compliance role is
carried out in.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
26901 version 2
Page 2 of 4
Compliance subject refers to a natural person or an entity that is subject, in a
particular compliance context, to being regulated.
Elements (of offences) are the underlying factors which are common or rudimentary
to any offence. They are:
1
A physical element, called 'the act', referred to as actus reus.
2
A mental element or state of mind, called 'the intent', referred to as mens rea.
Evidence refers to information given personally, or drawn from a document or exhibit,
which tends to prove or disprove a fact.
Exhibit refers to material evidence secured in the course of an investigation.
Ingredients refer to the details or components of an offence which are unique to the
offence and which must be proven.
Offence is a violation or breach of a law or rule. For the purpose of this unit
standard, offences may incorporate any non-compliance with statute, Regulations,
Bylaws, licence conditions, and other subordinate legislation.
Rules of evidence are those rules relating to use, admissibility, and limitations of
evidence in a judicial hearing.
Outcomes and evidence requirements
Outcome 1
Demonstrate knowledge of offences.
Evidence requirements
1.1
Elements of offences are explained.
Range
actus reus, mens rea.
1.2
Types of liability relating to offences are explained.
1.3
This unit standard is
expiring
Sections of statute relating to offences are interpreted to identify ingredients.
Range
1.4
strict, vicarious, absolute, criminal (or normal), civil.
Standard of proof for offences is explained in relation to criminal liability and civil
liability.
Range
two sections of statute.
Outcome 2
Demonstrate knowledge of the rules of evidence.
Evidence requirements
2.1
Divisions of evidence are explained.
Range
The Skills Organisation
SSB Code 100401
oral, direct, documentary, real, circumstantial.
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
2.2
26901 version 2
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Rules concerning the admissibility of evidence are explained in relation to the
Evidence Act 2006.
probative; relevant; improperly obtained through – oppression,
threats, promises.
Range
2.3
Hearsay, opinion, veracity, and propensity rules are explained in relation to
evidence.
2.4
Credibility is explained in relation to evidence.
may include but is not limited to – witness, document, physical
exhibit.
Range
2.5
Evidence is explained in terms of the best evidence rule.
Range
original, non-original.
Outcome 3
Describe evidence management in a compliance environment.
Evidence requirements
3.1
Evidence management is described in terms of chain of evidence processes
and requirements which assure the integrity, admissibility, and probative value
of the evidence.
Range
obtaining, securing, identifying, record keeping, storage and
access, presentation.
This unit standard is
expiring 31 December 2020
1
15 April 2011
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
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.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
26901 version 2
Page 4 of 4
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.
This unit standard is
expiring
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016