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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

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

You could also call this:

"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."

Illustration for Evidence Act 2006

If someone from another country asks New Zealand for help with getting evidence for a court case, you can ask the High Court for assistance. The High Court or a Judge can then make an order to help with this request. This order can say what needs to be done to get the evidence, like examining witnesses or getting documents.

The High Court or a Judge can include many things in this order, such as asking people to answer questions, provide documents, or let someone look at their property. They can also ask for medical exams or for samples of blood to be taken. The order can be enforced like any other order from the High Court.

If you are asked to go to a place because of this order, you are entitled to get money for your expenses, just like you would if you were a witness in a New Zealand court case. The High Court or a Judge can only make orders that they would normally make in a New Zealand court case, and they must follow the same rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394296.

Topics:
Crime and justice > Courts and legal help
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184: Application to High Court for assistance in obtaining evidence for civil proceedings in another court, or

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

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186: Privileges of witnesses, or

"What you don't have to say in court, even if another country asks"

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

185Power of High Court to give effect to application for assistance

  1. If this section applies, the High Court or a Judge may—

  2. order that any provision for the taking of evidence in New Zealand that the High Court or the Judge considers appropriate for giving effect to the request to which the application relates, be made:
    1. include in that order a requirement for any specified person to do any specified thing that the High Court or the Judge considers appropriate for that purpose.

      1. An order under subsection (1) may include, without limitation, provision—

      2. for the examination of witnesses, either orally or in writing at any agreed time or at any specified time and place:
        1. for the production of documents:
          1. for the inspection, photographing, preservation, custody, or detention of any property:
            1. for the taking of samples of any property and the carrying out of any experiments on or with any property:
              1. for the medical examination of any person:
                1. without limiting paragraph (e), for the taking and testing of samples of blood from any person.

                  1. An order under subsection (1) may not require any particular steps to be taken unless they are steps that can be required to be taken by way of obtaining evidence for the purposes of civil proceedings in the High Court (whether or not proceedings of the same description as those to which the application for the order relates).

                  2. Subsection (3) does not preclude the making of an order requiring a person to give evidence (either orally or in writing) otherwise than on oath if this is asked for by the requesting court.

                  3. An order under subsection (1) may not require a person—

                  4. to state what documents relevant to the proceedings to which the application for the order relates are or have been in the person’s possession, custody, or power:
                    1. to produce any documents other than particular documents specified in the order as being documents appearing to the court making the order to be, or to be likely to be, in the person’s possession, custody, or power and relevant to the proceedings.

                      1. A person who, pursuant to an order under subsection (1), is required to attend at any place, is entitled to the same conduct money and payment for expenses and loss of time as on attendance as a witness in civil proceedings before the High Court.

                      2. An order made under subsection (1) may be enforced in the same manner as if it were an order made by the High Court or Judge in proceedings pending in the High Court or before the Judge.