Commonwealth Consolidated Acts

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EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 - SECT 48

Rules of Court

             (1)  The power to make rules regulating the practice and procedure of a court extends to making any rules prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Rules so made must not be inconsistent with this Act or with regulations made under section 49.

             (3)  Subject to any direction that a court makes in a proceeding, if:

                     (a)  in the proceeding, a matter arises in relation to which the court has not made rules under this section prescribing practice and procedure; and

                     (b)  the Federal Court Rules prescribe practice and procedure in relation to the matter but the regulations do not so prescribe; the Federal Court Rules apply in relation to the matter with such modifications as are necessary.

             (4)  This section does not affect any power to make rules under any other law.



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