Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p50
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 50/53)
Character Range: 476284–479043

if so, the reason for the objection;
 (h) if the request relates to evidence to be adduced from a witness in a foreign country (as defined by subrule 15.17(2))—the matters required to be addressed under rule 15.17;
 (i) if the request relates to a remote appearance from New Zealand—the matters required to be addressed under Division 2 of Part 6 of the Trans‑Tasman Proceedings Act 2010.
 (5) A request may be considered in chambers, on the documents.
 (6) The court may take the following matters into account when considering a request:
 (a) the distance between the party's residence and the place where the court is to sit;
 (b) any difficulty the party has in attending because of illness or disability;
 (c) the expense associated with attending;
 (d) the expense to be incurred, or the savings to be made, by using the electronic communication;
 (e) any concerns about security, including family violence and intimidation;
 (f) whether any other party objects to the request;
 (g) the nature of the hearing.
 (7) If the court grants the request, the court may:
 (a) order a party to pay the expense of using the electronic communication; or
 (b) apportion the expense between the parties.
 (8) If a request is granted, the party who made the request must immediately give written notice to the other parties.

15.17  Foreign evidence by electronic communication
 (1) In addition to the requirements of rule 15.16, a party who proposes to adduce evidence by electronic communication from a witness in a foreign country must satisfy the court:
 (a) that the party has made appropriate inquiries to determine the attitude of the foreign country's government to the taking of evidence by electronic communication; and
 (b) whether permission is needed from the foreign country's government to adduce evidence from a witness in that country by electronic communication; and
 (c) if permission is needed—whether permission has been granted or refused; and
 (d) if permission has been refused—the reason for refusal; and
 (e) whether there are any special requirements for adducing evidence, including:
 (i) the administration of an oath; and
 (ii) the form of the oath.
 (2) In this rule and in paragraph 15.16(4)(h):
foreign country means a country other than Canada, New Zealand, the United Kingdom or the United States of America.
Note 1: A party seeking to adduce evidence from a witness in Canada, New Zealand, the United Kingdom or the United States of America does not have to comply with subrule (1) because these countries do not object to the taking of evidence by electronic communication.
Note 2: The court, instead of granting permission for a party to adduce evidence by electronic communication from a witness in a foreign country, may direct