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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

179: Contempt of Australian court

You could also call this:

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

Illustration for Evidence Act 2006

If you are in New Zealand and you assault someone who is taking part in a court case in Australia using an audio link or audiovisual link, you can get in trouble. You can also get in trouble if you threaten or intimidate someone who is a judge, registrar, officer, barrister, solicitor, or witness in the Australian court case. You will be committing an offence if you do these things.

If you interrupt the court case or disobey an order from the Australian court, you are also committing an offence. You can be punished with up to 3 months in prison or a fine of up to $1,000, or both, if you commit one of these offences. The Australian court is using the audio link or audiovisual link under rules that allow them to get help from a New Zealand court, as stated in section 180.

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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=DLM394275.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"Australian courts can ask you to swear an oath in New Zealand when giving evidence by video or phone link."

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180: Assistance to Australian court, or

"Helping an Australian court from New Zealand"

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

179Contempt of Australian court

  1. Every person commits an offence who, in New Zealand, at a place where evidence is being given, an examination is being made, or submissions are being made by audio link or audiovisual link in a proceeding before an Australian court,—

  2. assaults—
    1. a person appearing as a barrister, or solicitor, or both in the proceeding; or
      1. a witness in the proceeding; or
        1. an officer of a New Zealand court giving assistance under section 180; or
        2. threatens or intimidates or wilfully insults—
          1. a Judge of the Australian court taking part in the proceeding; or
            1. a Registrar or officer of the Australian court taking part in, or assisting with, the proceeding; or
              1. a person appearing as a barrister, or solicitor, or both in the proceeding; or
                1. a witness in the proceeding; or
                2. wilfully interrupts or obstructs the proceeding; or
                  1. wilfully and without lawful excuse, disobeys any order or direction of the Australian court in the course of the proceeding.

                    1. Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, or to both.

                    Compare
                    Notes
                    • Section 179(1): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
                    • Section 179(2): amended, on , by section 5 of the Evidence Amendment Act 2011 (2011 No 89).