Evidence Amendment Act 2000

1: Title
1: This Act is the Evidence Amendment Act 2000.
2: In this Act, the Evidence Act 1908 the principal Act This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
3: New sections 45A to 45C inserted
The principal Act is amended by inserting, immediately before section 46
45A: Foreign public documents: interpretation
In this section, and sections 45B and 45C,— Convention Convention certificate foreign public document
a: has to be produced in New Zealand; and
b: was executed in a foreign country that—
i: is a contracting State under the Convention; and
ii: did not raise an objection to New Zealand's accession to the Convention legalisation
a: the authenticity of the signature on the public document; and
b: the capacity in which the person signing the public document has acted; and
c: where appropriate, the identity of the stamp or seal that the public document bears New Zealand authority public document
a: includes any of the following documents:
i: a document emanating from an authority or from an official connected with the Courts or tribunals of a State, including a document emanating from a public prosecutor, a clerk of a court, or a process server ( huissier de justice
ii: an administrative document (other than an administrative document dealing directly with commercial or customs operations); and
iii: a notarial act; and
iv: an official certificate which is placed on a document signed by a person in the person's private capacity (for example, an official certificate recording the registration of a document or the fact that the document was in existence on a certain date, or an official or notarial authentication of a signature); but
b: does not include a document executed by a diplomatic or consular agent.
45B: Foreign public documents: certificates as to contracting States under Convention
A certificate purporting to be signed by the Secretary of Foreign Affairs and Trade, and stating that a country is a contracting State under the Convention that did not raise an objection to New Zealand's accession to the Convention, is sufficient evidence of those matters, unless the contrary is proved.
45C: Foreign public documents: Convention certificates sufficient authentication of certain matters
1: A Convention certificate placed on, or attached to, a foreign public document is the only formality that a New Zealand authority may require, in relation to the document, as evidence or certification of—
a: the authenticity of the signature on the document; and
b: the capacity in which the person signing the document has acted; and
c: where appropriate, the identity of the seal or stamp that the document bears.
2: If a foreign public document is not subject to a requirement of legalisation, no New Zealand authority may require, in relation to the document, a Convention certificate as evidence or certification of the matters referred to in subsection (1)﻿(a) to (c)
3: A New Zealand authority must accept, in relation to a foreign public document, a Convention certificate placed on, or attached to, the document as sufficient evidence or certification of the matters referred to in subsection (1)﻿(a) to (c)
4: Subsection (3) subsection (1)﻿(a) to (c) Foreign Evidence Act 1994 (Australia) ss 37, 38, 39 This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007
4: Schedule added
The principal Act is amended by adding the Schedule set out in the Schedule. This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007