Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p19
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 50606–53288

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 in Australia for the High Court for the purposes of a New Zealand proceeding.

"(2) The Federal Court may, by order, make any provision it considers appropriate for the purpose of obtaining the evidence.

"(3) An order may require a specified person to take any steps the Federal Court considers appropriate for that purpose.

"(4) Without limiting subsections (2) and (3), an order may, in particular, make provision:

    (a) for the examination of witnesses, either orally or in writing; or

    (b) for the production of documents or things; or

    (c) for the inspection, photographing, preservation, custody or detention of any property; or

    (d) for taking samples of any property and carrying out any experiments on or with any property.

"(5) Subsection (4) does not prevent the Federal Court from making an order requiring a person to give testimony (either orally or in writing) otherwise than on oath or affirmation if the High Court of New Zealand requests it to do so.

"(6) A person who is required by an order to attend at any place is entitled to the same amount of conduct money and payment for expenses and loss of time as the person would be entitled on attendance as a witness before the Federal Court.

Privilege of witnesses

"32u. (1) An order under section 32t must not compel a person to give evidence that the person could not be compelled to give in the New Zealand proceeding concerned.

"(2) In subsection (1):

'give evidence' includes:

    (a) answer a question; and

    (b) produce a document or thing.

Division not to derogate from existing Australian laws

"32v. This Division is in addition to, and not in derogation of, any other law in force in Australia.

"Division 5—Enforcement of judgments of High Court of New Zealand

Registration of judgment in Federal Court

"32w. (1) A judgment creditor under a New Zealand judgment may apply to the Federal Court to have the judgment registered in the Federal Court.

"(2) Subject to this section, the Federal Court must order the judgment to be registered.

"(3) A New Zealand judgment must not be registered if on the day on which the application is made:

    (a) the judgment has been wholly satisfied; or

    (b) the judgment could not be enforced in New Zealand.

"(4) Subject to sections 32x, 32y and 32z:

    (a) a registered judgment is, for the purposes of enforcement, of the same force and effect; and

    (b) proceedings may be brought on the