Part 4
Evidence from overseas or to be used overseas

Subpart 1Proceedings in Australia and New Zealand

Interpretation and application

150 Interpretation
  • In this subpart, unless the context otherwise requires,—

    Australian court includes a tribunal declared by the Minister of Justice under section 152 to be an Australian court

    Australian subpoena means a subpoena issued by an Australian court in a proceeding other than a specified proceeding

    document has the meaning given to it by section 4

    expenses, in relation to a subpoena, includes the reasonable costs, necessary for the purposes of complying with the subpoena, of—

    • (a) travel to and from, and accommodation at, the place at which compliance with the subpoena is required; and

    • (b) finding, collating, and producing a document or thing—

    necessary for the purposes of complying with the subpoena

    Federal Court means the Federal Court of Australia

    High Court means the High Court of New Zealand

    Judge, in relation to an Australian court, includes a Judicial Registrar, Magistrate, Master, and a member of a tribunal

    New Zealand court includes a tribunal declared by the Minister of Justice under section 152 to be a New Zealand court

    New Zealand subpoena means a subpoena issued by a New Zealand court in a proceeding other than a specified proceeding

    prescribed means prescribed by rules or regulations made under section 199 or 200

    subpoena

    • (a) means a process that requires a person to do 1 or both of the following:

      • (i) give evidence; or

      • (ii) produce a document or thing; but

    • (b) does not include a process that requires a person to produce a document in connection with discovery and inspection of documents

    tribunal

    • (a) means a person or body authorised under New Zealand law or a law of the Commonwealth of Australia or a State or territory of Australia, as the case may be, to take evidence on oath or affirmation; but

    • (b) does not include a court or a person exercising a power conferred on the person as a Judge, Magistrate, or officer of a court

    witness, in relation to a subpoena, means the person to whom the subpoena is addressed.

    Compare: 1994 No 31 s 2