Family Proceedings Act 1980

Overseas maintenance - Miscellaneous provisions as to overseas maintenance

150: Taking of evidence

You could also call this:

"Getting evidence from people in other countries for a court case"

Illustration for Family Proceedings Act 1980

You are involved in a court case under the Family Proceedings Act 1980. If the court needs to get evidence from someone outside New Zealand, they can do it following the High Court of New Zealand's rules. The rules say how to examine witnesses who are not in New Zealand. You might be asked to give evidence in a case that is happening in another country. If so, the court in that country can ask the Secretary to get your evidence, and it will be taken according to the High Court of New Zealand's rules. This is even if New Zealand and the other country are not part of the same agreement about court procedures. The High Court of New Zealand's rules for court cases will be used when taking evidence, with some changes if needed.

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 It might be out of date or be missing some parts.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=DLM41814.


Previous

149: Transmission of applications by New Zealand residents to Convention countries, or

"Getting child support from someone in another country"


Next

151: Proof of documents, or

"Trusting documents from other countries in New Zealand courts"

Part 8Overseas maintenance
Miscellaneous provisions as to overseas maintenance

150Taking of evidence

  1. Where in any proceedings under this Part, the evidence of any person is to be taken beyond New Zealand, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses out of New Zealand (not including, in the case of any proceedings under section 145, any such rules that require any person to give an undertaking to be responsible for expenses incurred in the matter by any Government, or that require any person to give security for such expenses).

  2. Where a request is made to the Secretary by or on behalf of a court in any country other than New Zealand, to obtain the evidence of a person residing in New Zealand in respect of any application made in connection with this Part, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses in New Zealand in respect of proceedings before foreign courts or tribunals, notwithstanding that neither New Zealand nor that country is a party to any Convention relating to matters of civil procedure.

  3. The rules of civil procedure in the High Court of New Zealand shall apply accordingly, with any necessary modifications, to the matters to which this section relates.

Notes
  • Section 150(2): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).