Evidence (Recognition of Overseas Practitioners) Order 2008

2008/202

Crest

Evidence (Recognition of Overseas Practitioners) Order 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 7th day of July 2008  

Present:
His Excellency the Governor-General in Council

Pursuant to section 51(6) of the Evidence Act 2006, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Evidence (Recognition of Overseas Practitioners) Order 2008.

2 Commencement
  • This order comes into force on the 28th day after the date of its notification in the Gazette.

3 Interpretation
  • country includes a State, territory, province, or other part of a country.

    In this order, unless the context otherwise requires,—

    Act means the Evidence Act 2006

4 Specified countries
  • The countries listed in the Schedule are specified as countries for the purposes of paragraph (c) of the definition of overseas practitioner in section 51(1) of the Act.


Schedule 
Specified countries

cl 4

Note

Country includes a State, territory, province, or other part of a country.

Algeria

Argentina

Austria

Bahrain

Belgium

Brazil

Brunei Darussalam

Bulgaria

Canada

Chile

China, People's Republic of

Chinese Taipei

Cook Islands

Cuba

Cyprus

Czech Republic

Denmark

Egypt

Estonia

Fiji

Finland

France

French Polynesia

Germany

Greece

Hong Kong Special Administrative Region

Hungary

Iceland

India

Indonesia

Iran

Ireland

Israel

Italy

Japan

Kiribati

Korea, Republic of

Kuwait

Latvia

Lithuania

Luxembourg

Malaysia

Malta

Marshall Islands

Mexico

Micronesia, Federated States of

Morocco

Nauru

Netherlands

New Caledonia

Nigeria

Niue

Norway

Oman

Pakistan

Palau

Papua New Guinea

Peru

Philippines

Poland

Portugal

Qatar

Romania

Russia

Samoa

Saudi Arabia

Singapore

Slovakia

Slovenia

Solomon Islands

South Africa

Spain

Sri Lanka

Sweden

Switzerland

Thailand

Timor-Leste

Tonga

Turkey

Tuvalu

United Arab Emirates

United Kingdom

United States of America

Uruguay

Vanuatu

Venezuela

Vietnam

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on the 28th day after the date of its notification in the Gazette, specifies countries for the purpose of paragraph (c) of the definition of overseas practitioner in section 51(1) of the Evidence Act 2006 (the Act). The term country is broadly defined in the Act to include a State, territory, province, or other part of a country.

Paragraph (c) of the definition of overseas practitioner in section 51(1) of the Act defines that term to include a person who is, under the laws of a country specified by an Order in Council made under that section, entitled to undertake work that, in New Zealand, is normally undertaken by a lawyer or a patent attorney.

By way of background, the Act entitles a client of an overseas practitioner to legal privilege in respect of certain communications between the client and the practitioner.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 10 July 2008.

This order is administered by the Ministry of Justice.