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Evidence Act 2006

Evidence from overseas or to be used overseas - Evidence for use in civil proceedings overseas and evidence for use in civil proceedings in High Court - Evidence for use in civil proceedings overseas

184: Application to High Court for assistance in obtaining evidence for civil proceedings in another court

You could also call this:

"Asking the High Court for help to get evidence for a civil case in another court"

Illustration for Evidence Act 2006

You can ask the High Court or a Judge for help to get evidence in New Zealand for a civil case in another court. The court or Judge can help if you make an application and they are satisfied with a few things. They need to know the application is to help a requesting court.

You must follow the rules about how to make the application, which are set out in regulations made under section 200. The court or Judge also needs to know that the evidence is for a civil case that is happening or might happen in the requesting court. The High Court or Judge has powers to help with this, as stated in section 185(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394295.

Topics:
Crime and justice > Courts and legal help
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183: Relationship with subpart 1, or

"This part of the law does not change how the first part, called subpart 1, works."

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185: Power of High Court to give effect to application for assistance, or

"The High Court can help another country get evidence for a court case by making an order to collect information or documents in New Zealand."

Part 4Evidence from overseas or to be used overseas
Evidence for use in civil proceedings overseas and evidence for use in civil proceedings in High Court: Evidence for use in civil proceedings overseas

184Application to High Court for assistance in obtaining evidence for civil proceedings in another court

  1. The High Court or a Judge may exercise the powers conferred by section 185(1) if an application is made to the High Court or a Judge for an order for evidence to be obtained in New Zealand and the court or Judge is satisfied—

  2. that the application is made to implement a request issued by or on behalf of a requesting court; and
    1. that any requirements prescribed in rules or regulations made under section 200 as to the form of the application and the manner in which it must be made are satisfied; and
      1. that the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated.