Commonwealth Consolidated Acts

EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 - SECT 47

             (1)  This section applies to an order made by a New Zealand court under the Evidence Amendment Act 1994 of New Zealand for the payment of expenses incurred:

                     (a)  by a witness in complying with a subpoena served on the witness in Australia under Part 3 of this Act; or

                     (b)  in connection with taking evidence or receiving submissions by video link or telephone under Part 5 of this Act.

             (2)  The Foreign Judgments Act 1991 applies to such an order as if it were an enforceable money judgment within the meaning of that Act.

             (3)  For the purposes of the application of that Act to such an order:

                     (a)  Part 2 of that Act is taken to apply to the order; and

                     (b)  unless the order was made by the High Court of New Zealand‑the court that made the order is taken to have been an inferior court (within the meaning of that Act) to which that Part applies; and

                     (c)  the court is taken to have had jurisdiction to make the order; and

                     (d)  subparagraphs 7(2)(a)(iv) and (v), paragraph 7(2)(b) and subsections 7(3) and (4) of that Act do not apply in respect of the order.