Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p17
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 45884–48493

or

    (c) prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the proceeding.

"(6) Without limiting subsection (4), the High Court of New Zealand may, for the purposes of a New Zealand proceeding, exercise any of its powers in relation to a person in Australia who is taking part in the proceeding by video link or telephone, except its powers:

    (a) to punish for contempt; and

    (b) to enforce or execute its judgments or process.

"(7) Without limiting subsections (1) to (6) (inclusive), the Judicature Act 1908 of New Zealand and the High Court Rules made by or under that Act that apply to New Zealand proceedings generally also apply, by force of this subsection, to the practice and procedure of the High Court of New Zealand in a proceeding that is a New Zealand proceeding for the purposes of this Part so far as:

    (a) the proceeding is conducted or continued in Australia; or

    (b) the High Court takes evidence or receives submissions in New Zealand for the purposes of the proceeding, by video link or telephone, from a person in Australia.

"(8) An order under subsection (5) must be complied with.

"(9) Subject to the Rules of Court, an order under subsection (5) may be enforced by a Judge of the Federal Court who, for that purpose, may exercise the powers that a Judge may exercise to enforce like orders made by the Federal Court.

"(10) Without limiting subsection (9), a person who contravenes an order under subsection (5) is in contempt of the Federal Court, and is punishable accordingly, unless the person establishes that the contravention should be excused.

Privileges, protection and immunity of participants in New Zealand proceedings

"32n. (1) A Judge of the High Court of New Zealand has:

    (a) at a sitting in Australia of the High Court in a New Zealand proceeding; or

    (b) in taking evidence or receiving submissions in a New Zealand proceeding, by video link or telephone, from a person in Australia;

the same privileges, protection and immunity as a Judge of the Federal Court.

"(2) A person appearing as a barrister, solicitor or both in a New Zealand proceeding:

    (a) at a sitting in Australia of the High Court of New Zealand; or

    (b) by video link or telephone from Australia at a sitting in New Zealand of the High Court of New Zealand;

has the same protection and immunity as a barrister has in appearing for a party in a proceeding before the Federal Court.

"(3) A person appearing as a witness in a New Zealand proceeding:

  (a) at a sitting in Australia of