Document ID: chunk:federal_register_of_legislation:C2004A04859:body:0:p3
Version: federal_register_of_legislation:C2004A04859
Segment Type: other
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Character Range: 5196–8016

a provision to which subsection (1) applies is not repealed under that subsection before 18 April 1995, it is repealed on that day.

(3) Part I of the Evidence Act 1905 is repealed immediately after the remaining provisions of that Act have been repealed under this Act and the Evidence and Procedure (New Zealand) (Transitional Provisions and Consequential Amendments) Act 1994.

(4) This section does not affect the operation of subsection 4(2).

PART 3—TRANSITIONAL PROVISIONS

Proceedings already begun

4.(1) Subject to this Part, a provision of the Evidence Act 1995 does not apply in relation to proceedings the hearing of which began before the commencement of the provision.

(2) A provision of the Evidence Act 1905, or the State and Territorial Laws and Records Recognition Act 1901, that is repealed under section 3 continues to apply in relation to proceedings the hearing of which began before the repeal.

Prior operation of notification provisions

5.(1) If, before the commencement of a notification provision, a document of a kind referred to in that provision is given or served:

    (a) in the circumstances provided for in that provision; and

    (b) in accordance with such requirements (if any) as would apply to the giving or serving of the document under that provision after its commencement;

the document is taken to have been given or served under that provision.

(2) The following provisions of the Evidence Act 1995 are notification provisions for the purposes of subsection (1):

    (a) paragraph 33(2)(c);

    (b) paragraph 49(a);

    (c) paragraph 50(2)(a);

    (d) subsection 67(1);

    (e) subsection 68(2);

    (f) paragraph 73(2)(b);

    (g) subsection 168(1);

    (h) subsection 168(3);

    (i) subsection 168(5);

    (j) subsection 168(6);

    (k) subsection 173(1);

    (l) subsection 177(2);

    (m) subsection 177(5).

(3) If a notice given before the commencement of subsection 67(1) of the Evidence Act 1995 is taken because of this section to have been given under that subsection, the period for an objection to be made under section 68 of that Act to the tender of evidence to which the notice relates is the period ending:

    (a) 7 days after the commencement of that section; or

    (b) 21 days after the notice was given to the party concerned; whichever is later.

(4) If a notice given before the commencement of subsection 168(1) or (3) of the Evidence Act 1995 is taken because of this section to have been given under one of those subsections, the period for a request to be made under that subsection in connection with the notice is the period ending:

    (a) 7 days after the commencement of that section; or

    (b) 21 days after the notice was given to the party concerned; whichever is later.

(5) If a copy of a document served before