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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 Australian proceedings

174: Powers of Australian court

You could also call this:

"What powers an Australian court has when getting evidence from someone in New Zealand."

Illustration for Evidence Act 2006

When an Australian court wants to get evidence from someone in New Zealand, it can use its powers in New Zealand. You need to know that the Australian court cannot use its powers to punish someone for being disobedient or to make someone do what the court says. The Australian court must follow Australian law when it is getting evidence or listening to what someone in New Zealand has to say.

The Australian law that applies to the court case in Australia also applies when the Australian court is getting evidence or listening to someone in New Zealand. You can find more information by looking at the Trans-Tasman Proceedings Act 2010 and section 25 of the 1994 Act. This helps the Australian court know what to do when it is working with people in New Zealand.

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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=DLM394270.

Topics:
Crime and justice > Courts and legal help
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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"

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175: Orders of Australian court, or

"Australian courts can make rules in a case and a New Zealand Judge can help make sure they are followed"

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

174Powers of Australian court

  1. For the purposes of taking evidence from a witness in New Zealand or hearing examination or submissions from a person in New Zealand, an Australian court may exercise in New Zealand any of its powers, except its powers to—

  2. punish for contempt; and
    1. enforce or execute its judgments or process.

      1. Subject to subsection (1), the Australian law that applies to the proceeding in Australia also applies to the practice and procedure of the Australian court in taking evidence or receiving examination or submissions from a person in New Zealand.

      Compare
      Notes
      • Section 174(1): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
      • Section 174(2): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).