Part 4Evidence from overseas or to be used overseas
Proceedings in Australia and New Zealand: Interpretation and application
150Interpretation
In this subpart, unless the context otherwise requires,—
audio link means facilities (for example, telephone facilities) that enable audio communication between people in different places
audiovisual link means facilities that enable audio and visual communication between people in different places
Australian court includes a tribunal declared by the Minister of Justice under section 152 to be an Australian court
Australian subpoena means a subpoena issued by an Australian court in a proceeding other than a specified proceeding
document has the meaning given to it by section 4
examination of a person giving evidence means the examination-in-chief, cross-examination, or re-examination of the person
expenses, in relation to a subpoena, includes the reasonable costs, necessary for the purposes of complying with the subpoena, of—
- travel to and from, and accommodation at, the place at which compliance with the subpoena is required; and
- finding, collating, and producing a document or thing
Federal Court means the Federal Court of Australia
High Court means the High Court of New Zealand
Judge, in relation to an Australian court, includes a Judicial Registrar, Magistrate, Master, and a member of a tribunal
New Zealand court includes a tribunal declared by the Minister of Justice under section 152 to be a New Zealand court
New Zealand subpoena means a subpoena issued by a New Zealand court in a proceeding other than a specified proceeding
prescribed means prescribed by rules or regulations made under section 199 or 200
relevant court, in relation to leave to serve a New Zealand subpoena on a witness in Australia, or an application under section 154 for leave of that kind, means—
- the District Court, if the New Zealand subpoena is issued by a tribunal declared by the Minister of Justice under section 152 to be a New Zealand court; and
- the New Zealand court that issued the subpoena, in every other case
remote appearance medium means—
- an audio link; or
- an audiovisual link
remote evidence means evidence given or to be given under section 168 or 173
submissions does not include submissions that are not—
- submissions on whether, and if so in what way or ways, remote evidence may or must be given; or
- submissions on whether remote evidence is admitted or admissible; or
- other submissions in relation to remote evidence
subpoena—
- means a process that requires a person to do 1 or both of the following:
- give evidence; or
- produce a document or thing; but
- give evidence; or
- does not include a process that requires a person to produce a document in connection with discovery and inspection of documents
tribunal—
- means a person or body authorised under New Zealand law or a law of the Commonwealth of Australia or a State or territory of Australia, as the case may be, to take evidence on oath or affirmation; but
- does not include a court or a person exercising a power conferred on the person as a Judge, Magistrate, or officer of a court
witness, in relation to a subpoena, means the person to whom the subpoena is addressed.
- travel to and from, and accommodation at, the place at which compliance with the subpoena is required; and
Compare
- 1994 No 31 s 2
Notes
- Section 150 audio link: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 audiovisual link: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 examination: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 expenses: amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 expenses paragraph (b): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 relevant court: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 relevant court paragraph (a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 150 remote appearance medium: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 remote evidence: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
- Section 150 submissions: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).


