Plain language law

New Zealand law explained for everyone

Evidence Act 2006

Evidence from overseas or to be used overseas - Proceedings in Australia and New Zealand - Audio links and audiovisual links in New Zealand proceedings

168A: Costs of giving evidence, and making examination and submissions, from Australia

You could also call this:

"Paying to give evidence from Australia in a New Zealand court case"

Illustration for Evidence Act 2006

If you are giving evidence or making submissions from Australia by audio or audiovisual link in a New Zealand court case, you usually have to pay the costs. The costs include giving evidence, making an examination or submissions, and transmitting them under a direction from the court, as stated in section 168(1). The New Zealand court can order you to pay a specific amount.

The court can make an order saying how much you have to pay. If the court that makes the order cannot enforce it, the order can be filed in the District Court. When the order is filed in the District Court, it can be enforced like a District Court judgment.

You can find more information by looking at the Trans-Tasman Proceedings Act 2010 and the District Court Act 2016.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5676998.

Topics:
Crime and justice > Courts and legal help
Previous

168: New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia, or

"New Zealand courts can hear evidence from Australia via audio or video link if it's convenient and the technology is available"

Next

169: Powers of New Zealand court in Australia, or

"New Zealand courts can work with Australia to gather evidence from there."

Part 4Evidence from overseas or to be used overseas
Proceedings in Australia and New Zealand: Audio links and audiovisual links in New Zealand proceedings

168ACosts of giving evidence, and making examination and submissions, from Australia

  1. Unless the New Zealand court otherwise orders, the costs incurred in giving evidence, or making an examination or submissions, by audio link or audiovisual link, and transmitting the evidence, examination, or submissions, under a direction under section 168(1), must be paid by the applicant.

  2. The New Zealand court may make an order specifying the amount payable by a party under subsection (1), and requiring the party to pay that amount.

  3. An order made under subsection (2) by a New Zealand court that does not have the power to enforce its orders—

  4. may be filed in the District Court; and
    1. when so filed, is enforceable as a judgment of the District Court.

      Compare
      Notes
      • Section 168A: inserted, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).
      • Section 168A(3)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 168A(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).