Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No. 1) 1998 No. 317
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 317
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL.
Evidence and Procedure (New Zealand) Act 1994
Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No. 1)
Section 49 of the Evidence and Procedure (New Zealand) Act 1994 (the Act) provides, in part, that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed.
The Regulations amend the Evidence and Procedure (New Zealand) Regulations (the principal Regulations) to:
* specify the Supreme Court of Tasmania for the purposes of paragraph 24(b) of the Act, so that Part 4 (which enables courts to obtain evidence from New Zealand by video link or telephone) applies to the Court;
* specify the Supreme Court of Tasmania for the purposes of paragraph 36(2)(b) of the Act so that Part 5 (which provides for officers of specified courts to assist New Zealand courts obtaining evidence from Australia by video link or telephone) applies to the Court; and
* include the year in which the principal Regulations were made as part of the name of the principal Regulations to replace the existing citation provision, in accordance with drafting design changes.
Subsection 49(2) of the Act provides that the Governor-General must not make regulations for the purposes of paragraph 36(2)(b) specifying a court of a State unless the Governor of the State has requested in writing that the court be so specified.
The Governor of Tasmania has requested that the Supreme Court of Tasmania be specified for the purposes of paragraph 36(2)(b) of the Act.
There is no statutory requirement for a request to be made before Regulations are made specifying a court of a State or Territory for the purposes of or paragraph 24(b) of the Act. However, the Attorney-General of Tasmania has so requested. Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides for Schedule 1 to amend the Regulations.
Schedule 1 Item 1 substitutes a new Regulation 1 in the principal Regulations, so that the principal Regulation is referred to by name rather than by citation and the year in which the principal Regulation was made is included in its name.
Schedule 1 Item 2 amends Part 3 of Schedule I of the principal Regulations. This has the effect of applying Part 4 of the Act to the Supreme Court of Tasmania.
Schedule 1 Item 3 amends Part 4 of Schedule I of the principal Regulations. This has the effect of applying Part 5 of the Act to the Supreme Court of Tasmania.
Overview
The Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No. 1) were enacted to address specific gaps identified in the administration of justice between Australia and New Zealand, particularly concerning the acquisition of evidence through video link or telephone. The 1998 Amendment Regulations are subsidiary legislation under the Evidence and Procedure (New Zealand) Act 1994, which was introduced to facilitate the exchange of evidence between the two jurisdictions. These Regulations were formulated in response to requests from the Governor of Tasmania and the Attorney-General of Tasmania, and they aim to ensure that the Supreme Court of Tasmania is appropriately recognised for the purposes of obtaining evidence from New Zealand courts, thereby enhancing judicial efficiency and cooperation between the two nations.
Scope and Application
The Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No. 1) amends the Evidence and Procedure (New Zealand) Regulations to extend the application of certain provisions of the Evidence and Procedure (New Zealand) Act 1994 to the Supreme Court of Tasmania. Specifically, the Regulations modify the principal Regulations to include the Supreme Court of Tasmania under Part 4, which enables courts to obtain evidence from New Zealand by video link or telephone, and under Part 5, which provides for officers of specified courts to assist New Zealand courts in obtaining evidence from Australia by video link or telephone. The inclusion of the Supreme Court of Tasmania was requested by the Governor of Tasmania for Part 5 and by the Attorney-General of Tasmania for Part 4, in accordance with the legislative requirements and design changes. The Regulations come into effect upon gazettal and primarily alter the citation of the principal Regulations to include the year they were made, as well as specifying the relevant parts of the Act to which the Supreme Court of Tasmania is subject.
Key Provisions
The Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No. 1) amend the existing regulations to include the Supreme Court of Tasmania in two specific areas. Firstly, under Schedule 1 Item 2, the regulations amend Part 3 of Schedule I of the principal regulations to apply Part 4 of the Evidence and Procedure (New Zealand) Act 1994 to the Supreme Court of Tasmania. This part of the Act facilitates the obtaining of evidence from New Zealand by Australian courts via video link or telephone. Secondly, Schedule 1 Item 3 amends Part 4 of Schedule I to apply Part 5 of the Act to the Supreme Court of Tasmania. Part 5 of the Act provides for officers of specified courts to assist New Zealand courts in obtaining evidence from Australia by video link or telephone. These amendments ensure that the Supreme Court of Tasmania is appropriately included in the framework for cross-border judicial assistance with New Zealand.
The Regulations impose specific obligations on the parties and entities they govern, particularly the Supreme Court of Tasmania. By being included in the regulations, the Supreme Court of Tasmania is now required to comply with the provisions of Parts 4 and 5 of the Evidence and Procedure (New Zealand) Act 1994. This includes participating in the process of obtaining evidence from New Zealand and assisting New Zealand courts in obtaining evidence from Australia through the specified methods. Additionally, the inclusion of the year in the name of the principal regulations as per Regulation 1 and Schedule 1 Item 1 ensures clarity and proper citation of the regulations, facilitating easier reference and understanding of the legal framework.
The Act does not explicitly state offences, penalties, or consequences for breaches within the regulations themselves. However, any failure to comply with the provisions of the Evidence and Procedure (New Zealand) Act 1994, as amended by these Regulations, could result in legal repercussions. Courts and officers failing to adhere to the requirements for obtaining and providing evidence could potentially face judicial review or other legal actions for non-compliance. While the specific penalties for such breaches are not detailed in the Regulations, they would typically be governed by the broader legal framework under which the Act operates.