Study to probe use of unlawfully obtained evidence

Should unlawfully obtained evidence ever be allowed in court? That’s the question at the heart of a major new research project by Auckland Law School’s Dr Alexandra Allen-Franks — one that could reshape how justice is delivered in Aotearoa New Zealand.

Dr Allen-Franks’ work is being supported by an $820,000 Royal Society Te Apārangi Mana Tūāpapa Future Leader Fellowship, which will fund four years of research into how courts handle evidence gathered unfairly or unlawfully.

Courts in Aotearoa can exclude evidence in both criminal and civil cases, for example, if it was obtained through coercion or torture. Yet the Law Commission has raised concerns that this type of evidence may be admitted more often than it’s excluded, prompting recommendations for reforms to the Evidence Act.

Allen-Franks will explore how lawyers, including Crown prosecutors, view the role of improperly obtained evidence, she’ll gather data on how frequently such evidence is admitted or excluded and how those decisions shape courtroom practice.

Her findings could inform legislative reform and spark wider discussion about how courts balance fairness, accountability, and human rights.

Allen-Franks says she’s excited to be awarded a Mana Tūāpapa Fellowship and is looking forward to starting the project when she returns from parental leave in 2026. The work will build on her PhD thesis as well as her work as a co-author of Mahoney on Evidence (Thomson Reuters).

"Writing the fellowship application in between feeding my newborn twins was a mission, but I’m glad it paid off and very grateful to the Law Faculty for their support, in particular Jodi Gardner, Charlotte Bennett and Janet McLean.”

Altogether twenty promising early-career researchers have been awarded Mana Tūāpapa Fellowships in 2025, each receiving $820,000 and leadership support from the Royal Society Te Apārangi. Their work spans diverse areas, from quantum computing and artificial intelligence to climate-change resilience, child development, and law.

The Chair of the Selection Panel, Professor Renwick Dobson, of Te Whare Wānanga o Waitaha – the University of Canterbury, says the Fellowship scheme provides a critical springboard to launch the careers of some of Aotearoa’s best researchers, fostering innovation, leadership, and impact across disciplines.

“It was a privilege to work with the selection panel and to award fellowships to a group of truly diverse and excellent early-career researchers. There’s no doubt in my mind that they have the support to excel in their chosen research fields and the potential to become our future leaders in Aotearoa New Zealand.”