Trade Marks Act 2002

Legal proceedings - Miscellaneous - Evidence

160: Mode of giving evidence in proceedings before Commissioner

You could also call this:

"How you give evidence when the Trade Mark boss decides things"

In legal proceedings before the Commissioner, you usually need to give your evidence in writing. You can do this by making a sworn statement called an affidavit or a statutory declaration. This is the main way to provide evidence unless you're told to do it differently.

Sometimes, the Commissioner might decide to do things a bit differently. They might ask you to speak your evidence out loud instead of, or as well as, writing it down. The Commissioner might also let someone ask questions about the written statement you've made.

If you make a statutory declaration for your evidence and later there's an appeal, the court can use this declaration instead of an affidavit. It will be treated the same way as an affidavit in court.

The Commissioner can make you promise to tell the truth by taking an oath. They can also ask witnesses to come to the proceeding and tell people to show documents that are important for the case.

If you give evidence under oath to the Commissioner, it's treated as if you're giving evidence in a real court case. This means that if you lie, you could get in trouble under sections 108 and 109 of the Crimes Act 1961.

Section 111 of the Crimes Act 1961 also applies to all the written statements (affidavits and statutory declarations) you make for these proceedings. This means there are serious consequences if you don't tell the truth in these statements.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165092.


Previous

159: Commissioner's appearance in certain proceedings, or

"The Commissioner can speak up or write a statement for the court in some trade mark cases"


Next

161: Evidence of entries, documents, etc, or

"Proof of what happened and what's on record"

Part 4Legal proceedings
Miscellaneous: Evidence

160Mode of giving evidence in proceedings before Commissioner

  1. Subject to any regulations, in any proceeding under this Act before the Commissioner, the evidence must be given by affidavit or statutory declaration in the absence of directions to the contrary.

  2. However, despite subsection (1), the Commissioner may—

  3. take oral evidence instead of, or in addition to, evidence by affidavit or declaration; or
    1. permit a deponent or declarant to be cross-examined on his or her affidavit or declaration.
      1. Any such statutory declaration may, in the case of appeal, be used before the court instead of evidence by affidavit, and, if so used, has all the incidents and consequences of evidence by affidavit.

      2. In any proceeding under this Act before the Commissioner, the Commissioner may administer oaths to any witness, and may in the prescribed manner require the attendance of any witness and discovery and production of documents.

      3. Any evidence given on oath before the Commissioner is deemed to be given in a judicial proceeding for the purposes of sections 108 and 109 of the Crimes Act 1961.

      4. Section 111 of the Crimes Act 1961 applies to every affidavit and statutory declaration made for the purposes of this Act.