Commonwealth Numbered Regulations - Explanatory Statements

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EVIDENCE AND PROCEDURE (NEW ZEALAND) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 44

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 44

Minute No. of 2004 - Attorney-General

Subject-       Evidence and Procedure (New Zealand) Act 1994

Evidence and Procedure (New Zealand) Amendment Regulations 2004 (No. 1)

The Evidence and Procedure (New Zealand) Act 1994 (the Act) establishes a regime to facilitate the production of evidence from New Zealand for use in Australian court proceedings and from Australia for use in New Zealand court proceedings, including arrangements for requiring a witness to attend the court, or giving evidence by video link or telephone.

Subsection 49(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or, matters necessary or convenient to be prescribed for carrying out or giving effect to the Act. In addition:

•       Section 7 of the Act provides that the Regulations may prescribe State and Territory courts, so that subpoenas, other than in relation to criminal proceedings or family proceedings, issued by those courts may be served and enforced in New Zealand;

•       Section 22 of the Act provides that the Regulations may prescribe State and Territory courts, so that those courts are authorised to receive a document or thing that is required to be produced by a subpoena of a New Zealand court;

•       Section 24 of the Act provides that the Regulations may prescribe State and Territory courts, so that those courts may take evidence or submissions from New Zealand by video link or telephone; and

•       Section 36 of the Act provides that the Regulations may prescribe State and Territory courts, so that officers of those courts may, at the request of a New Zealand court, be present at the place where a witness is giving evidence by video link and telephone and facilitate the proceeding as directed by the New Zealand court.

Subsection 49(4) of the Act provides that Regulations may not be made specifying a court of the Northern Territory for the purposes of sections 22 and 36 of the Act unless the Administrator of the Northern Territory has requested in writing that the court be so specified.

The purpose of the Evidence and Procedure (New Zealand) Amendment Regulations 2004 (No. 1) is to enable specified Northern Territory courts to participate in the legislative regime that facilitates the production of evidence between Australian and New Zealand Courts.

The Regulations amend the Evidence and Procedure (New Zealand) Regulations 1995 to specify the following courts of the Northern Territory for the purposes of the Act;

•       the Northern Territory Supreme Court, the Northern Territory Local Court, the Northern Territory Work Health Court and the Northern Territory Wardens Court, to allow subpoenas issued by these courts to be served and enforced in New Zealand;

•       the Northern Territory Supreme Court, to allow the Court to receive a document or thing that is required by a New Zealand subpoena to be produced;

•       the Northern Territory Supreme Court, the Northern Territory Local Court, the Northern Territory Work Health Court and the Northern Territory Wardens Court, to allow these courts to take evidence or submissions from New Zealand by video link or telephone; and

•       the Northern Territory Supreme Court to allow officers of that court, at the request of a New Zealand court, to be present at the place where a witness is giving evidence by video link and telephone and facilitate the proceedings as directed by the New Zealand court.

The Regulations commence on gazettal.

Authority:       Subsection 49(1) of the Evidence and Procedure (New Zealand) Act 1994


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