Alexandra Allen-Franks
2025: Dr Alexandra Allen-Franks from Waipapa Taumata Rau – the University of Auckland will investigate how courts treat evidence that has been improperly obtained
In their New Zealand Mana Tūāpapa Future Leader Fellowship, Dr Allen-Franks will examine how lawyers, including Crown prosecutors, view the role of improperly obtained evidence. Courts in Aotearoa New Zealand can exclude evidence from consideration in both criminal and civil trials if the evidence was unlawfully or unfairly obtained (for example, through torture). However, the Law Commission has expressed concern that such evidence may be admitted more often than it is excluded and has recommended changes to the Evidence Act.
In this research, Dr Allen-Franks will use quantitative and qualitative methods to generate data on rates of admission or exclusion of improperly obtained evidence in our courts. This project will inform how lawyers and judges consider the exclusion of evidence. This research could lead to legislative reform and will also stimulate discussion about how the authority of our courts is used to remedy violations of human rights.
Auckland High Court. Supplied.