387. Exception to hearsay rule

387. Exception to hearsay rule

(1) In this section—

hearsay rule has the same meaning as in the Evidence Act 2008.

(2) The hearsay rule does not prevent—

(a) the admission of a recording in accordance with this Division; or

(b) the use of the recording to prove the existence of a fact that the complainant intended to assert by a representation made in the recorded evidence.

Due to s 8 of the Evidence Act 2008, the hearsay rule would otherwise not prevent the operation of these provisions. Either this section is directed toward the common law hearsay rule or, as is more likely, the section was enacted through an abundance of caution.