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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

175: Orders of Australian court

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

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If you are in a court case in Australia, the Australian court can make some orders. The court can decide to hold a hearing in private, or ask someone to leave the room where evidence is being given. The court can also stop people from sharing certain information, like evidence or someone's name.

If the court makes one of these orders, a Judge of the High Court in New Zealand can help enforce it. This means the Judge has the power to make sure people follow the order, and can even punish them if they do not. You can find more information about this by looking at section 174 and the Trans-Tasman Proceedings Act 2010.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394271.

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Crime and justice > Courts and legal help
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"What powers an Australian court has when getting evidence from someone in New Zealand."

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

175Orders of Australian court

  1. Without limiting section 174, the Australian court may, by order,—

  2. direct that the hearing or any part of the hearing be held in private; or
    1. require any person to leave the place where the evidence is or is to be given, the examination is or is to be made, or the submissions are or are to be made; or
      1. prohibit or restrict the publication of evidence or the name of any party or of any witness.

        1. An order made under subsection (1) may be enforced by a Judge of the High Court who, for that purpose, has and may exercise the powers, including the power to punish for contempt, that would have been available to enforce the order if it had been made by that Judge.

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        Notes
        • Section 175(1)(b): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).