Commonwealth Countries Act 1977

2 Membership of Commonwealth

(1)

In any proceeding before any court or any person acting judicially—

(a)

a certificate signed by the Secretary of Foreign Affairs and Trade that on a date specified in the certificate a specified country was or was not a Commonwealth country, or that a specified territory was or was not one for whose international relations a specified Commonwealth country was responsible, shall be conclusive evidence of the matters stated in the certificate:

(b)

if no certificate pursuant to paragraph (a) is produced relating to it, the fact that a country is specified in Schedule 1 shall be conclusive evidence that that country is a Commonwealth country, and the fact that a country is not so specified shall be conclusive evidence that it is not a Commonwealth country.

(2)

The Governor-General may from time to time, by Order in Council, amend the said Schedule 1 by adding to it the names of countries that have become Commonwealth countries or deleting from it the names of countries that have ceased to be Commonwealth countries.

(3)

An Order in Council pursuant to subsection (2) shall come into force or be deemed to have come into force on a date specified therein, whether that date is before, on, or after the date of the making of the order.

(4)

The court or person acting judicially to which or to whom any certificate under subsection (1)(a) is produced shall take judicial notice of the signature thereon of the Secretary of Foreign Affairs and Trade.

(5)

For the purposes of this section,—

court includes the Supreme Court, the Court of Appeal, the High Court, and the District Court

District Court includes—

(a)

the Family Court; and

(b)

the Youth Court

person acting judicially means any person having in New Zealand by law authority to hear, receive, and examine evidence

proceeding means—

(a)

a proceeding conducted by a court; and

(b)

any interlocutory or other application to a court connected with a proceeding.

Section 2(1)(a): amended, on 1 July 1993, by section 6(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

Section 2(4): amended, on 1 July 1993, by section 6(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

Section 2(5): substituted, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

Section 2(5) court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(5) District Court: replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).