Commonwealth Numbered Regulations - Explanatory Statements

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EVIDENCE AND PROCEDURE (NEW ZEALAND) AMENDMENT REGULATIONS 1998 (NO. 1) 1998 NO. 317

STATUTORY RULES 1998 NO. 317

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL.

Evidence and Procedure (New Zealand) Act 1994

Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No. 1)

Section 49 of the Evidence and Procedure (New Zealand) Act 1994 (the Act) provides, in part, that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed.

The Regulations amend the Evidence and Procedure (New Zealand) Regulations (the principal Regulations) to:

*       specify the Supreme Court of Tasmania for the purposes of paragraph 24(b) of the Act, so that Part 4 (which enables courts to obtain evidence from New Zealand by video link or telephone) applies to the Court;

*       specify the Supreme Court of Tasmania for the purposes of paragraph 36(2)(b) of the Act so that Part 5 (which provides for officers of specified courts to assist New Zealand courts obtaining evidence from Australia by video link or telephone) applies to the Court; and

*       include the year in which the principal Regulations were made as part of the name of the principal Regulations to replace the existing citation provision, in accordance with drafting design changes.

Subsection 49(2) of the Act provides that the Governor-General must not make regulations for the purposes of paragraph 36(2)(b) specifying a court of a State unless the Governor of the State has requested in writing that the court be so specified.

The Governor of Tasmania has requested that the Supreme Court of Tasmania be specified for the purposes of paragraph 36(2)(b) of the Act.

There is no statutory requirement for a request to be made before Regulations are made specifying a court of a State or Territory for the purposes of or paragraph 24(b) of the Act. However, the Attorney-General of Tasmania has so requested. Details of the Regulations are as follows:

Regulation 1 names the Regulations.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides for Schedule 1 to amend the Regulations.

Schedule 1 Item 1 substitutes a new Regulation 1 in the principal Regulations, so that the principal Regulation is referred to by name rather than by citation and the year in which the principal Regulation was made is included in its name.

Schedule 1 Item 2 amends Part 3 of Schedule I of the principal Regulations. This has the effect of applying Part 4 of the Act to the Supreme Court of Tasmania.

Schedule 1 Item 3 amends Part 4 of Schedule I of the principal Regulations. This has the effect of applying Part 5 of the Act to the Supreme Court of Tasmania.