Plain language law

New Zealand law explained for everyone

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

172: Rights of Australian counsel

You could also call this:

"Australian lawyers can represent people in New Zealand courts under certain conditions."

Illustration for Evidence Act 2006

If you are a lawyer from Australia, you can represent someone in a New Zealand court under certain conditions. You must be allowed to practise as a barrister or solicitor in an Australian Supreme Court where evidence is being given or submissions are being made, as directed under section 168.

You are allowed to appear in the New Zealand court for the examination or submissions, even if you are not normally allowed to practise in New Zealand.

When you appear in the New Zealand court for these purposes, it is considered an allowed appearance under the Lawyers and Conveyancers Act 2006, specifically section 27(1)(b)(i).

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 It might be out of date or be missing some parts.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=DLM394267.

Topics:
Crime and justice > Courts and legal help
Previous

171: Evidence, examination, and submissions by audio link, or

"Giving evidence by phone or video from Australia to a New Zealand court"

Next

173: Australian court may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand, or

"Australian courts can hear evidence from New Zealand via audio or video link"

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

172Rights of Australian counsel

  1. This section applies to a person who—

  2. is entitled to practise as a barrister, or a solicitor, or both in a Supreme Court of a State or a territory of Australia from which evidence is to be given or examination or submissions made under a direction under section 168; but
    1. is not entitled otherwise than under this section to appear before the New Zealand court to examine a person giving evidence, or to make submissions, under that direction.

      1. The person is entitled to practise as a barrister, a solicitor, or both in relation to each appearance for the examination or submissions to which the direction relates, and each appearance of that kind is for the purposes of section 27(1)(b)(i) of the Lawyers and Conveyancers Act 2006 an appearance allowed by this Act.

      Compare
      Notes
      • Section 172: replaced, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).