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Evidence Act 2006

Evidence from overseas or to be used overseas - Evidence for use in overseas criminal proceedings

192: Examination of witness at request of overseas court

You could also call this:

"Helping another country's court by giving evidence in New Zealand"

Illustration for Evidence Act 2006

If a court in another country is dealing with a criminal case, they might want to hear evidence from someone in New Zealand. The High Court or a Judge in New Zealand can order that the person in New Zealand give evidence under oath. This can be done in different ways, such as answering written questions or speaking to someone in person. The High Court or a Judge can make this order if someone involved in the case in the other country, or the Solicitor-General, asks them to.

You can ask the High Court or a Judge to make this order, but you have to follow certain rules that are set out in regulations made under section 200. The Solicitor-General also has to follow these rules when making an application. There may be some restrictions on what the Solicitor-General can do, and these are also set out in regulations made under section 200.

If the High Court or a Judge makes an order, it can be enforced in the same way as any other order they make.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394515.

Topics:
Crime and justice > Courts and legal help
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"This part of the law does not change how the first part, called subpart 1, works."

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Part 4Evidence from overseas or to be used overseas
Evidence for use in overseas criminal proceedings

192Examination of witness at request of overseas court

  1. If any criminal proceedings (not being criminal proceedings of a political character) are pending before any overseas court of competent jurisdiction, and that court wishes to obtain the evidence of any witness in New Zealand for the purposes of those proceedings, the High Court or a Judge of that court may order the examination of the witness on oath, by interrogatories, or otherwise, before any person named in the order.

  2. An order under subsection (1) may be made on the application of the parties to the proceeding before the overseas court or on the application of the Solicitor-General.

  3. Despite subsection (2),—

  4. an application for an order under subsection (1) must be made in accordance with any requirements prescribed in regulations made under section 200:
    1. the right of the Solicitor-General to make an application of that kind is subject to any restrictions set out in regulations made under section 200.

      1. 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 the Judge in proceedings pending in the High Court or before the Judge.

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