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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

176: Place where evidence given or examination or submissions made part of Australian court

You could also call this:

"What happens in a New Zealand courtroom is treated as part of an Australian court case."

Illustration for Evidence Act 2006

When you give evidence or make submissions in a court case in Australia, but you are in New Zealand, the place where you do this is considered part of the Australian court. This is for the purposes of sections 174 and 175. You can find more information about these sections by looking at the links to sections 174 and 175.

The law says that the place in New Zealand where you give evidence, have an examination, or make submissions is deemed to be part of the Australian court.

This means that what happens in New Zealand is treated as if it were happening in the Australian court itself.

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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=DLM394272.

Topics:
Crime and justice > Courts and legal help
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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"

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177: Privileges, protections, and immunities of Judges, counsel, and witnesses in Australian proceedings, or

"Special rules to keep Judges, lawyers, and witnesses safe when giving evidence from New Zealand in Australian court cases"

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

176Place where evidence given or examination or submissions made part of Australian court

  1. For the purposes of sections 174 and 175, the place in New Zealand where the evidence is given, the examination is made, or the submissions are made in a proceeding before an Australian court are deemed to be part of that court.

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Notes
  • Section 176 heading: amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
  • Section 176: amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).