Evidence Act 2006

Evidence from overseas or to be used overseas - Proceedings in Australia and New Zealand - Interpretation and application

150: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Evidence Act 2006

When you read this part of the law, you need to know what some words mean. An audio link is a way for people to talk to each other from different places, like using a phone. An audiovisual link is a way for people to see and talk to each other from different places.

You also need to know what an Australian court and a New Zealand court are. An Australian court is a court in Australia that can make decisions, and it includes some tribunals. A New Zealand court is a court in New Zealand that can make decisions, and it includes some tribunals.

A subpoena is a document that tells you to go to court or to give some information to the court. It can tell you to give evidence, which means to answer questions, or to produce a document or thing. When you get a subpoena, you might have some expenses, like travel costs or costs to find some documents.

There are some other important words to know, like remote appearance medium, which means a way for you to appear in court from another place, like using a phone or video. Remote evidence is when you give evidence from another place, and submissions are when you or your lawyer talk to the court about something.

A tribunal is a group of people who can make decisions, but it's not a court. A witness is someone who is called to give evidence in a court case. The relevant court is the court that is dealing with your case, and it might be different depending on where you are and what's happening.

You can find more information about what some of these words mean by looking at other parts of the law, like section 4, section 152, section 154, section 168, section 173, section 199, or section 200.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394211.


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Part 4Evidence from overseas or to be used overseas
Proceedings in Australia and New Zealand: Interpretation and application

150Interpretation

  1. 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—

                1. travel to and from, and accommodation at, the place at which compliance with the subpoena is required; and
                  1. 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—

                                1. 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
                                  1. the New Zealand court that issued the subpoena, in every other case

                                    remote appearance medium means—

                                    1. an audio link; or
                                      1. 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—

                                          1. submissions on whether, and if so in what way or ways, remote evidence may or must be given; or
                                            1. submissions on whether remote evidence is admitted or admissible; or
                                              1. other submissions in relation to remote evidence

                                                subpoena

                                                1. means a process that requires a person to do 1 or both of the following:
                                                  1. give evidence; or
                                                    1. produce a document or thing; but
                                                    2. does not include a process that requires a person to produce a document in connection with discovery and inspection of documents

                                                      tribunal

                                                      1. 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
                                                        1. 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.

                                                          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).