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

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

You could also call this:

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

If you are in New Zealand and an Australian court wants to get your evidence by audio link or audiovisual link, the Australian court can ask you to take an oath or make an affirmation. You will take the oath or make the affirmation in the way that the Australian court usually does it. When you give evidence after taking the oath or making the affirmation, it is like you gave evidence in a New Zealand court under oath, which is important for rules about perjury, as stated in section 108 of the Crimes Act 1961. This means that if you do not tell the truth, you could be in trouble for perjury. The Australian court can do this because of a law that lets them work with New Zealand in certain cases.

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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=DLM394274.

Topics:

Crime and justice > Courts and legal help

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"

179: Contempt of Australian court, or

"Disrespecting an Australian court from New Zealand can get you in trouble"

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

178Power of Australian court to administer oaths in New Zealand

An Australian court may, for the purpose of obtaining the evidence of a person in New Zealand by audio link or audiovisual link, administer an oath or affirmation in accordance with the practice and procedure of that court.
Evidence given by a person on oath or affirmation administered by the Australian court under subsection (1) is, for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), deemed to have been given as evidence in a judicial proceeding on oath.

Compare

1994 No 31 s 29

Notes

Section 178(1): amended, on 11 October 2013, by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).