TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 48 Remote appearances unrelated to remote evidence
TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 48
Remote appearances unrelated to remote evidence(1) The Australian court or tribunal may, on application by a party, give the party, the party ' s lawyer , or both , leave to appear remotely from New Zealand in one or more hearings related to the proceeding by :
(a) the remote appearance medium specified by the court or tribunal ; or
(b) if the court or tribunal does not specify a remote appearance medium--either remote appearance medium.
Note : In some cases, a defendant and a defendant ' s lawyer may appear remotely without the leave of the court or tribunal : see subsection s 18 (4) and 36 (6) (which deal with applications to stay proceedings or set aside subpoenas ).
(2 ) The Australian court or tribunal must not give leave to the party or the party's lawyer unless it is satisfied that :
(a) the party or the party's lawyer can more conveniently participate in the hearing from New Zealand ; and
(b) if the court or tribunal intends to specify a remote appearance medium --that remote appearance medium is, or can reasonably be made, available ; and
(c) if the court or tribunal does not intend to specify a remote appearance medium--both remote appearance mediums are, or can reasonably be made, available ; and
(d ) it is appropriate to give the leave .
(3 ) If the party's lawyer is not entitled to appear before the court or tribunal , the court or tribunal must not give leave to the party ' s lawyer unless it is satisfied that:
(a ) the lawyer is a qualified NZ lawyer ; and
(b ) the party ordinarily resides or, if the party is not an individual, has its principal place of business, in New Zealand .
(4) If the court or tribunal gives leave, then a
qualified NZ lawyer who is not otherwise entitled to appear before the court
or tribunal is entitled to practise as a barrister, a solicitor, or both, in
relation to that leave.