Subject to any applicable Rules of Court, a New Zealand subpoena may, with the leave of a Judge of the High Court, be served on a witness in Australia.

In determining whether to grant leave the Judge must, in addition to any other matter that the Judge considers relevant, have regard to—

The Judge may grant leave subject to such conditions as the Judge thinks fit, and must impose a condition that the New Zealand subpoena is not to be served after a specified date.

The Judge must not grant leave if the subpoena is addressed to a witness who has not attained the age of 18 years.

The Judge may give directions as to service.

A New Zealand subpoena served on a witness in Australia may require the witness to give evidence or produce a document or thing or both at a place in New Zealand or Australia.

Subject to any directions as to service, a New Zealand subpoena served on a witness in Australia must be served in accordance with New Zealand law.

The subpoena must not be served in Australia unless it is accompanied by—

A witness on whom a New Zealand subpoena has been served in Australia is not required to comply with the subpoena unless, at the time of service or at some other reasonable time before the witness is required to comply, allowances and travelling expenses or vouchers in substitution for allowances and travelling expenses sufficient to meet the witness’s reasonable expenses of complying with the subpoena are paid or tendered to the witness.

A witness on whom a New Zealand subpoena has been served in Australia that requires the witness to produce documents or things, but does not require the witness to give oral evidence, and who elects to comply by producing the documents or things at an Australian Court, is not required to comply with the subpoena unless, at the time of service or at some other reasonable time before the witness is required to comply, expenses sufficient to meet the witness’s reasonable expenses of producing the documents or things to an Australian Court and the expenses of transmitting the documents or things to the New Zealand Court that issued the subpoena are paid or tendered to the witness.

A witness who has complied with a New Zealand subpoena that was served on the witness in Australia is entitled to be paid any reasonable expenses incurred by the witness in complying with the subpoena in addition to any expenses tendered or paid to the witness under section 8 of this Act.

The expenses must be paid by the person who obtained the subpoena or, if the subpoena was issued pursuant to a direction of a New Zealand Court, by the Crown.

Any money required to be paid by the Crown under subsection (2) of this section must be paid out of the Crown Bank Account.

The Court which issued the subpoena may, on the application of the person by whom the subpoena was obtained or the witness, make an order specifying the amount to which the witness is entitled under this section and requiring the person who obtained the subpoena or the Crown, as the case may be, to pay the amount to the witness.

An order made pursuant to subsection (4) of this section by a Court which does not have the power to enforce its orders may be filed in any District Court and shall thereupon be enforceable as a judgment of the District Court.

A New Zealand subpoena that requires a witness in Australia to produce documents or things, but does not require the witness to give oral evidence, must state that the witness may comply with the subpoena by producing the documents or things at any registry of an Australian Court not later than 10 days before the date specified in the subpoena as the date on which the documents or things are required for production in the New Zealand Court.

For the purposes of subsection (1) of this section, registry, in relation to an Australian Court, means a registry of an Australian Court authorised by a law of the Commonwealth of Australia to receive such documents or things.

A witness on whom a New Zealand subpoena is served in Australia may apply to the High Court to set the subpoena aside.

The High Court must set the subpoena aside if—

Without limiting subsection (1) of this section, the High Court may set the subpoena aside if it is satisfied that—

An application to set aside a subpoena under subsection (1) of this section must be filed in the office of the High Court in which leave to serve the subpoena was given, together with any affidavit setting out facts on which the applicant relies.

The Registrar of the High Court in which the application is filed must cause a copy of the application and any affidavit setting out facts on which the applicant relies to be served on the solicitor on the record for the person who obtained leave to serve the subpoena, or if there is no solicitor on the record, on that person.

If a witness fails to comply with a New Zealand subpoena served in Australia, the Court which issued the subpoena may, on the application of a party to the proceedings in which the subpoena was obtained, or of its own motion, give a certificate in the prescribed form stating that—

Nothing in sections 5 to 12 of this Act limits or affects any other powers of a New Zealand Court.

An Australian subpoena may be served on a witness in New Zealand.

The subpoena must be accompanied by—

Subject to subsection (2) of this section, a witness served with an Australian subpoena must comply with the subpoena.

A witness served with an Australian subpoena is not required to comply with the subpoena if—

The High Court may, on receiving from the Australian Court which issued the Australian subpoena a certificate stating that the witness has failed to comply with the subpoena, issue a warrant requiring any constable to arrest the witness and to bring him or her before the High Court.

The High Court may, on the appearance of the witness before the Court, impose a fine not exceeding $10,000 unless the Court is satisfied that the failure to comply with the subpoena should be excused.

In determining whether the failure to comply with the subpoena should be excused, the High Court may have regard to—

For the purposes of this section, a certificate under the seal of an Australian Court stating—

shall be sufficient evidence of the matters stated in it unless the witness establishes to the satisfaction of the High Court that the witness did in fact comply with the subpoena.

Without limiting subsection (3) of this section, no finding of fact made by the Federal Court or by the Family Court of Australia or by a Supreme Court of an Australian State or a Territory on an application to have the subpoena set aside may be challenged by any person alleged to have failed to comply with the subpoena unless the Court was deliberately misled in making those findings of fact.

The Registrar holding office at the registry of the High Court at which a document or thing is produced in compliance with an Australian subpoena must, on payment of a sum that is sufficient to send the document or thing to the Australian Court that issued the subpoena by a means that will ensure it is received by that Court before the date on which it is required to be produced, accept the document or thing, and—

Nothing in this Act limits or affects any right or power conferred by or under a law of the Commonwealth or a State or a Territory of Australia to serve a subpoena in New Zealand on an Australian citizen.

On the application of a party to a proceeding before a New Zealand Court, the Court may, if it is satisfied that the necessary facilities and equipment are available, or can reasonably be made available, and that evidence or submissions in the proceeding could more conveniently be given or made from Australia, direct that evidence be given from Australia, or submissions be made from Australia, by video link or telephone conference.

Unless the New Zealand Court otherwise orders, the costs incurred in giving evidence or making submissions by video link or telephone conference and transmitting the evidence or submissions, in accordance with a direction given under subsection (1) of this section, must be paid by the applicant.

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

An order made pursuant to subsection (3) of this section by a Court which does not have the power to enforce its orders may be filed in any District Court and shall thereupon be enforceable as a judgment of the District Court.

For the purposes of the taking of evidence or the receiving of submissions by video link or telephone conference from Australia under section 19 of this Act, the New Zealand Court may exercise in Australia all its powers which it is permitted to exercise in Australia under Australian law.

Evidence must not be given or submissions made by video link from Australia unless the courtroom or other place where the New Zealand Court is sitting in New Zealand and the place where the evidence is to be given or the submissions are to be made in Australia are equipped with video facilities that—

Evidence must not be given or submissions made by telephone conference from Australia unless the courtroom or other place where the New Zealand Court is sitting in New Zealand and the place where the evidence is to be given or the submissions are to be made in Australia are equipped with telephone conference facilities that—

A person who is entitled to practise as a barrister, or a solicitor, or both in a Supreme Court of a State or a Territory of Australia from which evidence is to be given or submissions made by video link or telephone conference to a New Zealand Court, is entitled to practise as a barrister, or solicitor, or both in relation to—

An Australian Court may take evidence or receive submissions from a person in New Zealand by video link or telephone conference for the purposes of a proceeding before that Court.

For the purposes of taking evidence from a witness in New Zealand or hearing submissions from a person in New Zealand, an Australian Court may exercise in New Zealand any of its powers, except its powers to—

Subject to subsection (1) of this section, the Australian law that applies to the proceeding in Australia also applies to the practice and procedure of the Australian Court in taking evidence or receiving submissions from a person in New Zealand.

Without limiting section 25 of this Act, the Australian Court may, by order,—

An order made under subsection (1) of this section may be enforced by a Judge of the High Court who, for that purpose, has and may exercise the powers, including the power to punish for contempt, that would have been available to enforce the order if it had been made by that Judge.

For the purposes of sections 25 and 26 of this Act, the place in New Zealand where the evidence is given or the submissions are made in a proceeding before an Australian Court shall be deemed to be part of that Court.

A Judge of an Australian Court has, in relation to the taking of evidence or the making of submissions by video link or telephone conference from a person in New Zealand, all the privileges, protections, and immunities of a Judge of the High Court.

A person appearing as a barrister, a solicitor, or both has, in relation to the taking of the evidence or the making of the submissions, all the privileges and immunities of counsel in the High Court.

Every witness who gives evidence in a proceeding before an Australian Court by video link or telephone conference from New Zealand has all the privileges and immunities of a witness in the High Court.

An Australian Court may, for the purpose of obtaining the evidence of a person in New Zealand by video link or telephone conference, administer an oath or affirmation in accordance with the practice and procedure of that Court.

Evidence given by a person on oath or affirmation administered by the Australian Court under subsection (1) of this section shall, for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be deemed to have been given as evidence in a judicial proceeding on oath.

Every person commits an offence who, in New Zealand, at a place where evidence is being given or submissions are being made by video link or telephone conference in a proceeding before an Australian court,—

Every person who commits an offence against this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.

An officer of a New Zealand Court may, at the request of an Australian Court,—

For the purposes of the Reciprocal Enforcement of Judgments Act 1934, an order made by an Australian Court under the Evidence and Procedure (New Zealand) Act 1994 of the Commonwealth of Australia for the payment of expenses incurred by a witness in complying with an Australian subpoena served on the witness in New Zealand or for the payment of expenses incurred by a person in connection with the taking of evidence or the making of submissions from New Zealand by video link or telephone, as the case may be, shall be deemed,—

Nothing in section 6 (except paragraphs (a), and (d) to (f) of subsection (1) of the Reciprocal Enforcement of Judgments Act 1934 applies to an order referred to in subsection (1) of this section.

In the case of the High Court and the Court of Appeal, rules may be made for the purposes of this Act under section 51C of the Judicature Act 1908 that make provision for or relate to—

In the case of any other New Zealand Court, rules or, as the case may be, regulations may be made under the authority of any enactment that provides for the making of rules or regulations governing the practice and procedure of the Court, that make provision for or relate to any of the matters referred to in paragraphs (a), (c), and (e) to (h) of subsection (1) of this section.

Notwithstanding the provisions of this Act or any other Act, the Governor-General may from time to time, by Order in Council, make regulations for either or both of the following purposes:

The Evidence Amendment Act 1990 is hereby amended by repealing section 2, and substituting the following section:

The Evidence Amendment Act 1990 is hereby amended by repealing section 3.

Section 5 of the Evidence Amendment Act 1990 is hereby amended by omitting the words “Rules of Court made under section 51C of the Judicature Act 1908”, and substituting the words “rules made under the authority of any other Act”.

The Evidence Amendment Act 1990 is hereby amended by repealing section 6, and substituting the following section:

Section 7 of the Evidence Amendment Act 1990 is hereby amended by inserting, after the word “State”, the words “or Territory”.

Section 8(2) of the Evidence Amendment Act 1990 is hereby amended by repealing paragraph (b), and substituting the following paragraph:

Section 8(2)(c) of the Evidence Amendment Act 1990 is hereby amended by inserting, after the word “State”, the words “or Territory”.

The Evidence Amendment Act 1990 is hereby amended by inserting, after section 10, the following section: