Evidence Act 2006 (2006 No 69)
Paragraph (b) of the definition of expenses in section 150: omit “thing— ”
and substitute “thing”
.
Definition of expenses in section 150: omit “necessary for the purposes of complying with the subpoena”
in the second place where it appears.
Section 150: insert in their appropriate alphabetical order:
audio link means facilities (for example, telephone facilities) that enable audio communication between people in different places
audiovisual link means facilities that enable audio and visual communication between people in different places
examination of a person giving evidence means the examination-in-chief, cross-examination, or re-examination of the person
relevant court, in relation to leave to serve a New Zealand subpoena on a witness in Australia, or an application under section 154 for leave of that kind, means—
(a)
a District Court, if the New Zealand subpoena is issued by a tribunal declared by the Minister of Justice under section 152 to be a New Zealand court; and
(b)
the New Zealand court that issued the subpoena, in every other case
remote appearance medium means—
remote evidence means evidence given or to be given under section 168 or 173
submissions does not include submissions that are not—
(a)
submissions on whether, and if so in what way or ways, remote evidence may or must be given; or
(b)
submissions on whether remote evidence is admitted or admissible; or
(c)
other submissions in relation to remote evidence
Section 151: repeal and substitute:
151 Meaning of specified proceeding
In this subpart, specified proceeding means a proceeding—
(a)
in respect of which a person is seeking an order under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980; or
(b)
relating to the guardianship or care of a person who is incapable of managing his or her personal affairs; or
(c)
relating to the management of the property of a person who is incapable of managing that property.
New sections 153A and 153B: insert after section 153:
153A Courts (Remote Participation) Act 2010 does not apply to remote appearances under this subpart
Nothing in the Courts (Remote Participation) Act 2010 applies to the giving or taking of evidence, examination of a person giving evidence, or making or receipt of examination or submissions, by audio link or audiovisual link in accordance with sections 168 to 172 or 173 to 180.
Compare: 2010 No 108 s 36
153B Mutual Assistance in Criminal Matters Act 1992 operates in parallel with this subpart
This subpart is not subject to, and does not override, the Mutual Assistance in Criminal Matters Act 1992.
Compare: Trans-Tasman Proceedings Act 2010 s 108 (Aust)
Section 160: omit “High Court”
in each place where it appears and substitute in each case “relevant court”
.
Section 163(2)(a): omit “Federal Court, or of the order of the Judge of the Family Court of Australia, or the order of the Judge of a Supreme Court of a State or a territory of Australia, as the case may be,”
and substitute “court of judicature within Australia”
.
Section 165(4)(a): omit “the Federal Court or a Judge of the Family Court of Australia or a Judge of a Supreme Court of an Australian State or a territory”
and substitute “a court of judicature within Australia”
.
Section 165(5): omit “Federal Court or by the Family Court of Australia or by a Supreme Court of an Australian State or a territory”
and substitute “court of judicature within Australia referred to in subsection (4)(a)”
.
Heading above section 168: omit “Video link and telephone conferences”
and substitute “Audio links and audiovisual links”
.
Section 168: repeal and substitute:
168 New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia
(1)
A New Zealand court may, on application by a party to a proceeding before it, direct that all or any of the following be done by remote appearance medium from Australia:
(b)
the examination of a person giving evidence under paragraph (a):
(c)
the making of submissions.
(2)
The remote appearance medium used must be—
(a)
the remote appearance medium specified by the court; or
(b)
if the court does not specify a remote appearance medium—either remote appearance medium.
(3)
The court must not give the direction unless it is satisfied that—
(a)
the evidence, examination, or submission can more conveniently be given or made from Australia; and
(b)
if the court intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and
(c)
if the court does not intend to specify a remote appearance medium—both remote appearance mediums are, or can reasonably be made, available; and
(d)
it is appropriate to give the direction.
Compare: 1994 No 31 s 19(1)
168A Costs of giving evidence, and making examination and submissions, from Australia
(1)
Unless the New Zealand court otherwise orders, the costs incurred in giving evidence, or making an examination or submissions, by audio link or audiovisual link, and transmitting the evidence, examination, or submissions, under a direction under section 168(1), must be paid by the applicant.
(2)
The New Zealand court may make an order specifying the amount payable by a party under subsection (1), and requiring the party to pay that amount.
(3)
An order made under subsection (2) by a New Zealand court that does not have the power to enforce its orders—
(a)
may be filed in any District Court; and
(b)
when so filed, is enforceable as a judgment of that District Court.
Compare: 1994 No 31 s 19(2)–(4)
Section 169: omit “submissions by video link or telephone conference”
and substitute “examination or submissions by audio link or audiovisual link”
.
Heading to section 170: omit “and submissions by video link”
and substitute “, examination, and submissions by audiovisual link”
.
Section 170: omit “or submissions made by video link”
and substitute “, or examination or submissions made, by audiovisual link”
.
Section 170: omit “or the submissions are to be made”
and substitute “, or the examination is to be made, or the submissions are to be made,”
.
Section 170: omit “video facilities”
and substitute “facilities”
.
Section 170(a): insert “examination or”
before “submissions in Australia”
.
Section 170(b): omit “or the submissions are made”
and substitute “, the examination is made, or the submissions are made,”
.
Heading to section 171: omit “and submissions by telephone”
and substitute “, examination, and submissions by audio link”
.
Section 171: omit “or submissions made by telephone conference”
and substitute “, or examination or submissions made, by audio link”
.
Section 171: omit “or the submissions are to be made”
and substitute “, or the examination is to be made, or the submissions are to be made,”
.
Section 171: omit “telephone conference facilities”
and substitute “facilities”
.
Section 171(a): insert “examination or”
before “submissions in Australia”
.
Section 171(b): omit “or the submissions are made”
and substitute “, the examination is made, or the submissions are made,”
.
Section 172: repeal and substitute:
172 Rights of Australian counsel
(1)
This section applies to a person who—
(a)
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 examination or submissions made under a direction under section 168; but
(b)
is not entitled otherwise than under this section to appear before the New Zealand court to examine a person giving evidence, or to make submissions, under that direction.
(2)
The person is entitled to practise as a barrister, a solicitor, or both in relation to each appearance for the examination or submissions to which the direction relates, and each appearance of that kind is for the purposes of section 27(1)(b)(i) of the Lawyers and Conveyancers Act 2006 an appearance allowed by this Act.
Compare: 1994 No 31 s 23
Heading above section 173: omit “Video link and telephone conferences”
and substitute “Audio links and audiovisual links”
.
Section 173: repeal and substitute:
173 Australian court may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand
The taking of evidence, or receipt of an examination or submissions, from New Zealand in a proceeding in an Australian court is authorised if it is in accordance with the Trans-Tasman Proceedings Act 2010 (Aust).
Compare: 1994 No 31 s 24
Section 174: insert “examination or”
before “submissions”
in both places where it appears.
Section 175(1)(b): insert “, the examination is or is to be made,”
before “or the submissions are or are to be made”
.
Heading to section 176: insert “or examination or submissions made”
after “evidence given”
.
Section 176: insert “, the examination is made,”
after “the evidence is given”
.
Section 177: omit “video link or telephone conference”
in each place where it appears and substitute in each case “audio link or audiovisual link”
.
Section 178(1): omit “video link or telephone conference”
and substitute “audio link or audiovisual link”
.
Section 179(1): insert “, an examination is being made,”
after “evidence is being given”
.
Section 179(1): omit “video link or telephone conference”
and substitute “audio link or audiovisual link”
.
Section 180(a): insert “, an examination is being or will be made,”
after “evidence is being or will be given”
.
Section 180(a): omit “video link or telephone conference”
and substitute “audio link or audiovisual link”
.
Section 199(1)(e): omit “submissions by video link or telephone conference”
and substitute “examinations and submissions by audio link or audiovisual link”
.