New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 34

34 Guide to this subpart

1 This subpart is about people appearing remotely from Australia in New Zealand civil proceedings, and people appearing remotely from New Zealand in Australian civil proceedings. However, this subpart applies only to remote appearances unrelated to remote evidence in those proceedings. Trans-Tasman remote appearances related to remote evidence in civil or criminal proceedings are governed by subpart 1 of Part 4 of the Evidence Act 2006 (operating in conjunction with the Australian Act).

2 Sections 38 to 43 are about remote appearances from Australia—

a) in a civil proceeding in a New Zealand court or a prescribed New Zealand tribunal; and

b) by a party or a party’s lawyer; and

c) not related to remote evidence in the proceeding.

3 Sections 44 to 51 are about remote appearances from New Zealand in a civil proceeding in an Australian court or tribunal, where those remote appearances are made in accordance with the Australian Act and are not related to remote evidence in the proceeding. Sections 44 to 51 —

a) allow the Australian court or tribunal to exercise certain powers in New Zealand for the purpose of the remote appearances; and

b) give certain privileges, protections, and immunities to participants in the remote appearances; and

c) specify offences that apply for particular conduct engaged in (for example, obstructing the proceeding) at the place in New Zealand from where the remote appearances are being made.