Commonwealth Numbered Regulations - Explanatory Statements

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EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS (AMENDMENT) 1995 NO. 405

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 405

Issued by the Authority of the Minister for Justice

Evidence and Procedure (New Zealand) Act 1994

Evidence and Procedure (New Zealand) Regulations (Amendment)

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 certain courts, for the purpose of paragraph 7(b) of the Act, so that Part 2 (which authorises service of Australian subpoenas in New Zealand) applies to those courts;

       specify certain courts for the purposes of subsection 22(1) of the Act so that Part 3 (which authorises Australian courts to receive documents or things produced in compliance with a New Zealand subpoena) applies to those courts and, in relation to one of those courts, the District Court of Western Australia, to provide that section 22 of the Act only applies to certain locations of the Court's registry;

       specify certain courts for the purpose 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 those courts; and

       specify certain courts for the purpose 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 those courts.

Subsection 49(2) of the Act provides that the Governor-General must not make regulations for the purposes of subsection 22(1) or 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 New South Wales has requested that the Supreme Court of New South Wales be specified for the purposes of subsection 22(1) and paragraph 36(2)(b) of the Act.

The deputy of the Governor of Western Australia has requested that the Supreme Court of Western Australia and the 11 circuit registries of the District Court of Western Australia be specified for the purposes of subsection 22(1) of the Act, and that the Supreme Court and District Court be specified for the purposes of paragraph 36(2)(b) of die Act

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 specifying of New South Wales, Queensland and Western Australian courts in the Regulations to apply Parts 2 and 4 of the Act to those courts was requested by the responsible Minister of each State.

Details of the Regulations are as follows:

Regulation 1 is formal.

Regulation 2 adds a new subregulation 7(2) to the principal Regulations, which has the effect that if registry locations of a court specified in Part 2 of the Schedule are specified in that Part, section 22 of the Act only applies in relation to those locations of that court´ s registry.

Regulation 3 amends Schedule 1 of the principal Regulations.

Paragraph 3.1 amends Part 1 of Schedule 1. This has the effect of applying 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.

Paragraph 3.2 amends Part 3 of Schedule 1. This has the effect of applying 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.

Paragraph 3.3 amends Part 3 of Schedule 1. This has the effect of applying Part 4 of the Act to the Supreme Court, Industrial Court, District Court, Compensation Court and Local Courts of New South Wales; the Supreme Cowl, 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.

The Regulations commenced on gazettal.


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