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Evidence Act 2006

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

194: Evidence in support of application

You could also call this:

"Information to back up your court application"

Illustration for Evidence Act 2006

When you are making an application, you need to give evidence to support it. This evidence can show that a court in another country is dealing with a crime and wants to hear from a witness. You can give this evidence in a few ways, such as a letter of request from the court, a document from the court, or a certificate from someone who represents the country where the court is. You can also use another process that the High Court or a Judge accepts. If you have a letter or document from the court, you do not need to prove that it is real or that the person who signed it is who they say they are. If someone who represents another country signs a certificate saying that a crime is being dealt with in a court and the court wants to hear from a witness, you can use this certificate as evidence. You do not need to prove that the person who signed the certificate is who they say they are or that they have the authority to sign it, when you are using it for the purpose of this section and section 192.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394517.

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 overseas criminal proceedings

194Evidence in support of application

  1. Evidence that any criminal proceedings are pending in an overseas court and that the court wishes to obtain the evidence of the witness to whom the application relates for the purposes of those proceedings, may be given by—

  2. letter of request; or
    1. another document issued by that court; or
      1. the certificate of an overseas representative given under subsection (3); or
        1. any other process that the High Court or a Judge may accept.

          1. Any letter of request or other document purporting to be sealed with the seal of any overseas court or signed by a Judge or other judicial officer or by a Registrar or other officer of the court must, for the purpose of this section and section 192, be received in evidence without proof of—

          2. the seal of the court; or
            1. the signature of the Judge or other person; or
              1. the judicial or official character of the Judge or other person.

                1. A certificate purporting to be signed by an overseas representative to the effect that any matter in relation to which an application is made under section 192 is a criminal proceeding pending in a court having jurisdiction in the proceeding in the country of which he or she is a representative and that the court having that jurisdiction wishes to obtain the testimony of the witness to whom the application relates, is sufficient evidence of the matters set out in the certificate.

                2. A certificate given under subsection (3) must be received in evidence without proof of—

                3. the signature of the person who signed the certificate; and
                  1. the official character of that person.

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