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Evidence Act 2006

Evidence from overseas or to be used overseas - Rules and regulations

199: Rules

You could also call this:

"Rules for using evidence from other countries in New Zealand courts"

Illustration for Evidence Act 2006

When you are in a New Zealand court, there are rules to follow. These rules are about getting evidence from overseas or using evidence overseas. You can find these rules in subpart 1 of this Part.

The High Court and the Court of Appeal can make rules about things like issuing subpoenas and serving them. They can also make rules about hearing applications and lodging documents with an Australian court. This includes rules about giving evidence by audio link or audiovisual link.

Other New Zealand courts can also make rules about these things. They can make rules about receiving facsimiles of documents and the form of subpoenas. These rules help make sure that subpart 1 of this Part works properly.

You can find more information about how these rules are made in the Senior Courts Act 2016. This includes rules about transmitting documents to an Australian court that issued a subpoena. It also includes rules about examinations and submissions by audio link or audiovisual link.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394528.

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"Guidelines for following the Evidence Act when giving evidence from overseas"

Part 4Evidence from overseas or to be used overseas
Rules and regulations

199Rules

  1. In the case of the High Court and the Court of Appeal, rules may be made for the purposes of subpart 1 of this Part under section 148 of the Senior Courts Act 2016 that make provision for or relate to—

  2. the issuing of New Zealand subpoenas and the service of those subpoenas:
    1. the hearing or disposal of applications for orders under any specified provisions in this Part:
      1. the lodging of documents or things with an Australian court in compliance with a New Zealand subpoena that requires only the production of documents or things by a witness:
        1. the transmission of documents or things lodged with a New Zealand court in compliance with an Australian subpoena to the Australian court that issued the subpoena:
          1. the giving of evidence and the making of examinations and submissions by audio link or audiovisual link in connection with proceedings before a New Zealand court or an Australian court:
            1. the receiving of facsimiles of documents or things:
              1. the form of New Zealand subpoenas and other documents:
                1. such other matters as are contemplated by or necessary for giving full effect to subpart 1 of this Part.

                  1. In the case of any other New Zealand court, rules or, as the case may be, regulations may be made under the authority of any enactment that provides for the making of rules or regulations governing the practice and procedure of the court that make provision for or relate to any of the matters referred to in paragraphs (a), (c), and (e) to (h) of subsection (1).

                  Notes
                  • Section 199(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
                  • Section 199(1)(e): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).