TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 89 Taking of evidence by the Federal Court

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 89

  (1)   The High Court of New Zealand may request the Federal Court to obtain evidence in Australia for the High Court of New Zealand for the purposes of an NZ market proceeding.

  (2)   The Federal Court may, by order, make any provision it considers appropriate for the purpose of obtaining the evidence.

  (3)   An order may require a specified person to take any steps the Federal Court considers appropriate for that purpose.

  (4)   Without limiting subsections   ( 2) and (3), an order may, in particular, make provision:

  (a)   for the examination of witnesses, either orally or in writing; or

  (b)   for the production of documents or things; or

  (c)   for the inspection, photographing, preservation, custody or detention of any property; or

  (d)   for taking samples of any property and carrying out any experiments on or with any property.

  (5)   Subsection   ( 4) does not prevent the Federal Court from making an order requiring a person to give testimony (either orally or in writing) otherwise than on oath or affirmation if the High Court of New Zealand requests it to do so.

  (6)   A person who is required by an order to attend at any place is entitled to the same amount of conduct money and payment for expenses and loss of time as the person would be entitled on attendance as a witness before the Federal Court.