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Evidence Act 2006

Evidence from overseas or to be used overseas - Proceedings in Australia and New Zealand - Audio links and audiovisual links in New Zealand proceedings

168: New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia

You could also call this:

"New Zealand courts can hear evidence from Australia via audio or video link if it's convenient and the technology is available"

Illustration for Evidence Act 2006

If you are in a New Zealand court, you can ask the court to let someone in Australia give evidence or make submissions by audio link or audiovisual link. The court can say yes if it thinks it is more convenient for the person to do it from Australia. The court must also make sure the technology is available and it is a good idea to do it this way.

You can use either an audio link or an audiovisual link, depending on what the court says. If the court does not specify which one to use, you can use either one. The court will only say yes if it is satisfied that everything is in place and it is appropriate to do so.

The court's decision is based on certain conditions, such as the availability of the technology and whether it is convenient for the person in Australia. You can find more information about this by looking at the Trans-Tasman Proceedings Act 2010 and other related laws. This law is part of the Evidence Act 2006, which you can read more about on the New Zealand legislation website.

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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=DLM394263.

Topics:
Crime and justice > Courts and legal help
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167: Other powers to serve subpoenas not affected, or

"This law doesn't change how Australia can give subpoenas to Australian citizens in New Zealand."

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168A: Costs of giving evidence, and making examination and submissions, from Australia, or

"Paying to give evidence from Australia in a New Zealand court case"

Part 4Evidence from overseas or to be used overseas
Proceedings in Australia and New Zealand: Audio links and audiovisual links in New Zealand proceedings

168New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia

  1. A New Zealand court may, on application by a party to a proceeding before it, direct that all or any of the following be done by remote appearance medium from Australia:

  2. the giving of evidence:
    1. the examination of a person giving evidence under paragraph (a):
      1. the making of submissions.

        1. The remote appearance medium used must be—

        2. the remote appearance medium specified by the court; or
          1. if the court does not specify a remote appearance medium—either remote appearance medium.

            1. The court must not give the direction unless it is satisfied that—

            2. the evidence, examination, or submission can more conveniently be given or made from Australia; and
              1. if the court intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and
                1. if the court does not intend to specify a remote appearance medium—both remote appearance mediums are, or can reasonably be made, available; and
                  1. it is appropriate to give the direction.

                    Compare
                    Notes
                    • Section 168: replaced, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).