Evidence and Procedure (New Zealand) Regulations (Amendment)

Overview

The Evidence and Procedure (New Zealand) Regulations (Amendment) 1995 No. 405 were introduced to amend the existing Evidence and Procedure (New Zealand) Regulations under the Evidence and Procedure (New Zealand) Act 1994. This legislative amendment was enacted by the Parliament of Australia and aims to address procedural gaps in the mutual legal assistance between Australia and New Zealand, particularly regarding the service of subpoenas, receipt of documents, and obtaining evidence via video link or telephone. The objective of these amendments was to ensure that specific Australian courts are recognised in New Zealand for the purposes outlined in the Act, facilitating smoother cross-border legal processes. The regulations were made in response to formal requests from the Governors of New South Wales and Western Australia, and the responsible Minister of Queensland, to specify certain courts for the application of various parts of the Act.

Scope and Application

The Evidence and Procedure (New Zealand) Regulations (Amendment) 1995 No. 405 amends the Evidence and Procedure (New Zealand) Regulations to specify certain courts in New South Wales, Queensland, and Western Australia to which the Act applies. The Amendment Regulations pertain to the service of Australian subpoenas in New Zealand, the reception of documents or things produced in compliance with a New Zealand subpoena by Australian courts, and the obtaining of evidence from New Zealand by video link or telephone. The Regulations apply to the Supreme Court, Industrial Court, District Court, Compensation Court and Local Courts of New South Wales; the Supreme Court, Industrial Court, District Courts and Planning and Environment Court of Queensland; and the Supreme Court, District Court, Local Courts, and Family Court of Western Australia. Additionally, certain registry locations of the District Court of Western Australia are specified for the purposes of the reception of documents or things produced in compliance with a New Zealand subpoena by Australian courts. The Regulations commenced on gazettal and do not specify any exclusions, exemptions, or thresholds.

Key Provisions

The Evidence and Procedure (New Zealand) Regulations (Amendment) 1995 No. 405 (the Regulations) amend the Evidence and Procedure (New Zealand) Regulations 1995 (the principal Regulations) to specify certain courts for the purposes of the Evidence and Procedure (New Zealand) Act 1994 (the Act). Specifically, Regulation 3 amends Schedule 1 of the principal Regulations to apply various parts of the Act to certain courts in New South Wales, Queensland, and Western Australia. Regulation 3.1 applies Part 2 of the Act to the Supreme Court, Industrial Court, District Court, Compensation Court, and Local Courts of New South Wales; the Supreme Court, Industrial Court, District Courts, and Planning and Environment Court of Queensland; and the Supreme Court, District Court, and Local Courts of Western Australia. This allows for the service of Australian subpoenas in these specified courts in New Zealand. Regulation 3.2 applies Part 3 of the Act to the Supreme Court of New South Wales, the Supreme Court of Western Australia, and the District Court of Western Australia. However, in relation to the District Court of Western Australia, Part 3 of the Act will only apply to its registry at Albany, Broome, Carnarvon, Derby, Esperance, Geraldton, Kalgoorlie, Karratha, Kununurra, and Port Hedland. This allows Australian courts to receive documents or things produced in compliance with a New Zealand subpoena from these specified courts. Regulation 3.3 applies Part 4 of the Act to the Supreme Court, Industrial Court, District Court, Compensation Court, and Local Courts of New South Wales; the Supreme Court, Industrial Court, District Courts, and Planning and Environment Court of Queensland; and the Supreme Court, Family Court, District Court, and Local Courts of Western Australia. This allows courts to obtain evidence from New Zealand by video link or telephone. The Regulations impose obligations on the parties or entities they govern by specifying the courts to which certain parts of the Act apply. The Regulations also require that the Governor-General must not make regulations for the purposes of subsection 22(1) or paragraph 36(2)(b) of the Act specifying a court of a State unless the Governor of the State has requested in writing that the court be so specified. The Regulations also require that the deputy of the Governor of Western Australia was appointed under clause XVI of the Letters Patent relating to the Office of Governor of the State of Western Australia, under which clause he is authorised to perform and exercise all the powers and functions of the office of Governor. The Regulations do not specify any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the Regulations may result in legal consequences under the Act or other relevant legislation. The Act provides for the service of Australian subpoenas in New Zealand and the reception of documents or things produced in compliance with a New Zealand subpoena in Australia. The Act also provides for the obtaining of evidence from New Zealand by video link or telephone and the assistance of officers of specified courts in obtaining evidence from Australia by video link or telephone. The Act authorises the Governor-General to make regulations prescribing all matters required or permitted by the Act to be prescribed.