New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 38

38 New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings

1 The New Zealand court or tribunal may, on an application for the purpose, give a party to the proceeding, the party's counsel, or both leave to appear remotely in 1 or more hearings in or related to the proceeding using—

a) the remote appearance medium specified by the court or tribunal; or

b) if the court or tribunal does not specify a remote appearance medium, either remote appearance medium.

2 The court or tribunal must not give leave to the party or the party's counsel unless it is satisfied that—

a) the party or the party's counsel can more conveniently participate in the hearing from Australia; and

b) if the court or tribunal intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and

c) if the court or tribunal 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 leave.

3 If the party's counsel is not entitled to appear before the court or tribunal, the court or tribunal must not give leave to the party's counsel unless satisfied that—

a) the party ordinarily resides or, if the party is not an individual, has its principal place of business, in a State or Territory of Australia; and

b) the counsel is entitled to practise as a barrister, a solicitor, or both in the Supreme Court of a State or Territory of Australia.

4 If the party's counsel is entitled to practise as a barrister, a solicitor, or both in the Supreme Court of a State or Territory of Australia, and is given leave under subsection (3) ,—

a) the party's counsel is entitled to practise as a barrister, a solicitor, or both in relation to the remote appearances to which the leave relates; and

b) each of those appearances is for the purposes of section 27(1)(b)(i) of the Lawyers and Conveyancers Act 2006 an appearance allowed by this Act.