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

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

You could also call this:

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

When you are in a court case in Australia, but you are giving evidence from New Zealand using an audio link or audiovisual link, you have some special protections. If you are a Judge, you have the same privileges and protections as a Judge in the High Court in New Zealand. This means you are treated the same as you would be if you were in a New Zealand court.

When you are a lawyer, such as a barrister or solicitor, giving evidence or making submissions using an audio link or audiovisual link, you have the same privileges and immunities as a lawyer in the High Court. This helps keep you safe while you are doing your job. You can find more information by looking at the Trans-Tasman Proceedings Act 2010.

If you are a witness giving evidence in an Australian court case from New Zealand using an audio link or audiovisual link, you have the same privileges and immunities as a witness in the High Court. This means you are protected in the same way as you would be if you were giving evidence in a New Zealand court. You can also look at section 28 for more information.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394273.

Topics:

Crime and justice > Courts and legal help

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

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

178: Power of Australian court to administer oaths in New Zealand, or

"Australian courts can ask you to swear an oath in New Zealand when giving evidence by video or phone link."

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

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

A Judge of an Australian court has, in relation to the taking of evidence or the making of an examination or submissions by audio link or audiovisual link from a person in New Zealand, all the privileges, protections, and immunities of a Judge of the High Court.
A person appearing as a barrister, a solicitor, or both has, in relation to the taking of the evidence or the making of the examination or submissions, all the privileges and immunities of counsel in the High Court.
Every witness who gives evidence in a proceeding before an Australian court by audio link or audiovisual link from New Zealand has all the privileges and immunities of a witness in the High Court.

Compare

1994 No 31 s 28

Notes

Section 177(1): amended, on 11 October 2013, by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
Section 177(2): amended, on 11 October 2013, by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
Section 177(3): amended, on 11 October 2013, by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).