Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p18
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 48272–50838

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 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 as a witness in a proceeding in the Federal Court.

High Court of New Zealand may administer oath in Australia etc.

"32p. (1) The High Court of New Zealand may:

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

    (b) for the purpose of obtaining the testimony in a New Zealand proceeding, by video link or telephone, of a person in Australia;

administer an oath or affirmation in accordance with the practice and procedure of the High Court.

"(2) Evidence given by a person on oath or affirmation administered by the High Court of New Zealand under subsection (1) is, for the purposes of section 35 of the Crimes Act 1914, testimony given in a judicial proceeding.

Service of New Zealand injunctions in Australia etc.

"32q. A New Zealand injunction or other New Zealand judgment, and a New Zealand subpoena, may be served in Australia.

Service of New Zealand subpoena in Australia

"32r. (1) A New Zealand subpoena issued with the leave of a Judge of the High Court of New Zealand may be served on the person named by leaving a sealed copy of the subpoena with the person personally together with a statement setting out the person's rights and obligations in relation to the subpoena, and including information about the way in which an application may be made to the High Court to have the subpoena set aside.

"(2) The person named is not bound to comply with the subpoena unless, at the time of service or at some other reasonable time before the person named is required to comply with it, allowances and travelling expenses or vouchers sufficient to meet the person's reasonable expenses of complying with the subpoena are paid or tendered to the person.

Documents to be transmitted to High Court of New Zealand etc.

"32s. If a document or thing is lodged with the Federal Court under a New Zealand subpoena served in Australia, the Registrar of the Federal Court must transmit it to the High Court of New Zealand.

"Division 4—Taking of evidence by Federal Court for High Court of
New Zealand

Taking of evidence by Federal Court

"32t. (1) The High Court of New Zealand may request the Federal Court to obtain evidence