New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 95

95 High Court may take evidence at request of Federal Court

1 The High Court may, at the request of the Federal Court, take evidence in New Zealand for the Federal Court for the purposes of an Australian proceeding and may, by order, make any provision it considers appropriate for the purpose of taking that evidence.

2 An order may require a specified person to take such steps as the High Court considers appropriate for taking the evidence.

3 Without limiting subsections (1) and (2), an order may, in particular, make provision for—

a) the examination of witnesses, either orally or in writing; or

b) the production of documents or things; or

c) the inspection, photographing, preservation, custody, or detention of any property; or

d) the taking of samples of property and carrying out experiments on or with property.

4 The High Court may make an order requiring a person to give evidence either orally or by tendering a written document otherwise than on oath or affirmation if the Federal Court requests it to do so.

5 A person who has been served with an order made under this section may not be compelled to comply with the order unless, at the time of service of the order or at some other reasonable time before the person is required to comply with the order, allowances and travelling expenses or vouchers sufficient to enable the person to comply with the order are tendered or paid to the person.

6 A person may not be compelled to give evidence pursuant to an order under this section that he or she is not compelled to give in the Australian proceeding to which the request relates.

Note: 1908 No 89 s 56R

History: Section 95: inserted, on 1 March 2017, by section 8 of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).