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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 - Procedure for taking evidence overseas for use in civil proceedings in High Court

188: Procedure for taking evidence outside New Zealand in civil proceedings in High Court

You could also call this:

"How the High Court gets evidence from people outside New Zealand for a civil case"

Illustration for Evidence Act 2006

If you are involved in a civil case in the High Court, the court may decide it needs to get evidence from someone outside New Zealand. The High Court or a Judge can order that this person be questioned on oath, which means they have to tell the truth, at a place outside New Zealand. You can be questioned by an officer of the High Court, an overseas representative, or another person chosen by the court. The court can also decide that a written record of what you say, called a deposition, can be used as evidence in the case.

If the High Court or a Judge thinks it is a good idea, they can send a letter to an overseas court asking them to question a witness or person. This letter must be signed by a Judge or Registrar and have the High Court's seal on it, and it must be in a form that the High Court approves or that is prescribed by rules of court or regulations made under section 200. The letter can also be in a form that is consistent with the requirements of any convention that the country where the overseas court is located has agreed to, such as the Hague Convention on Evidence Abroad.

The High Court can send and receive these letters through certain channels, which can be prescribed by rules of court or regulations made under section 200. These channels can also be consistent with the requirements of any convention that the country where the overseas court is located has agreed to, such as the Hague Convention on Evidence Abroad.

If someone asks the court to cancel an order because the other party is not doing what they are supposed to do, the Judge can cancel the order or make a different order if they think it is fair. This section of the law does not limit what is said in sections 103 to 106.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394501.

Topics:
Crime and justice > Courts and legal help
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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: Procedure for taking evidence overseas for use in civil proceedings in High Court

188Procedure for taking evidence outside New Zealand in civil proceedings in High Court

  1. If at any stage of any civil proceeding in the High Court it appears necessary or desirable in the interests of justice, the High Court or a Judge may order that—

  2. any person named in the order be examined on oath, by interrogatories or otherwise, at any place outside New Zealand before any officer of the High Court, any overseas representative, or any other person named in the order by name or designation; and
    1. any deposition so taken be filed in the High Court; and
      1. any party to the proceeding be empowered to give that deposition in evidence in the proceeding, on any terms as the High Court or Judge may direct.

        1. In any civil proceeding in the High Court, if the High Court or a Judge thinks fit, instead of making an order for the examination of a witness or person under subsection (1), the High Court or Judge may order that a letter of request be issued directed to any overseas court of competent jurisdiction for the examination of a witness or person named in the order.

        2. If an order is made under subsection (2), a letter of request must be issued accordingly, and signed by a Judge or Registrar, and sealed with the seal of the High Court in a form—

        3. that the High Court or Judge approves or that is prescribed by rules of court or regulations made under section 200; or
          1. that is consistent with the requirements of any convention to which the country in which the overseas court is, is a party to (for example, the Hague Convention on Evidence Abroad).

            1. Letters of request must be transmitted to and from an overseas court through any channels—

            2. that are prescribed by rules of court or regulations made under section 200; or
              1. that are consistent with the requirements of any convention to which the country in which the overseas court is, is a party to (for example, the Hague Convention on Evidence Abroad).

                1. On the application of any opposite party, and on being satisfied that the party for whose benefit an order under subsection (1) or (2) was made is not proceeding with due diligence to implement the order and the delay is not the responsibility of any other person, the Judge may—

                2. rescind the order; or
                  1. make any other order the Judge considers to be in the interests of justice.

                    1. This section does not limit sections 103 to 106.

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