TRADE PRACTICES (MISUSE OF TRANS-TASMAN MARKET POWER) ACT 1990 No. 70 of 1990 - SECT 25

TRADE PRACTICES (MISUSE OF TRANS-TASMAN MARKET POWER) ACT 1990 No. 70 of 1990 - SECT 25

25. After Part V of the Principal Act the following Part is inserted:
            "PART VA-EVIDENCE OF CERTAIN NEW ZEALAND MATTERS"

                       "Division 1-Preliminary
Interpretation

"11A. In this Part, unless the contrary intention appears:
'facsimile', in relation to an instrument, document or thing, means a copy of
the instrument, document or thing that has been reproduced by facsimile
telegraphy;
'New Zealand Act' means an Act of the Parliament of New Zealand;
'New Zealand Minister' means a Minister of the Crown of New Zealand;
'official instrument' includes a proclamation, commission, appointment,
warrant order and regulation;
'public document' includes:

   (a)  a record required by New Zealand law to be kept of a public document
        or proceeding; and

   (b)  an entry in a public register or book; and

   (c)  a certificate issued by a New Zealand officer under New Zealand law.
        Application of Part

"11B. This Part applies only in relation to proceedings in which a matter for
determination arises under:

   (a)  section 46A, 155A or 155B of the Trade Practices Act 1974; or

   (b)  a provision of Part VI or XII of the Trade Practices Act 1974 so far
        as the provision relates to section 46A, 155A or 155B of that Act; or

   (c)  Part IIIA of the Federal Court of Australia Act 1976. Facsimiles

"11C. Subject to any Rules of Court made under the Federal Court of  Australia
Act 1976 , this Part applies to a facsimile of an instrument, document or
thing in the same way that it applies to the original of the instrument,
document or thing (whether or not that original is itself a copy or extract of
an instrument, document or thing). "Division 2-Judicial notice of certain New
Zealand matters New Zealand Acts

"11D. Judicial notice must be taken of all New Zealand Acts. Official New
Zealand signatures, seals and stamps

"11E. (1) Judicial notice must be taken of:

   (a)  the official signature of a person who holds or has held the office of
        Judge, Master, Registrar or Deputy Registrar of the High Court of New
        Zealand; and

   (b)  the official signature of a person who holds or has held an office in
        New Zealand to which the Governor-General, by Gazette notice, declares
        this section to apply; and

   (c)  the imprint of the official seal or stamp of any of those persons; and

   (d)  the fact that the person holds or has held the office concerned; and

   (e)  the imprint of a seal of the High Court of New Zealand; if the
        signature or imprint purports to be attached or appended to a judicial
        or other official document.

"(2) A declaration may be made under paragraph (1) (b) in relation to an
office that has ceased to exist before the declaration is made.

"(3) A declaration under paragraph (1) (b) continues to apply to an office or
a person who held the office even if the office ceases to exist after the
declaration is made.

"Division 3-Evidence of certain New Zealand instruments Evidence of New
Zealand official instruments

"11F. (1) Evidence of an official instrument issued by the Governor-General of
New Zealand, or by or under the authority of a New Zealand Minister, may be
given by producing:

   (a)  the New Zealand Gazette purporting to contain the instrument; or

   (b)  a document purporting:

        (i)    to be a copy of the instrument; and

        (ii)   to have been printed under the authority of the New Zealand
               Government; or

   (c)  if the instrument was made by the Governor-General in Council of New
        Zealand-a copy or extract of the instrument purporting to have been
        certified as a true copy or extract by the Clerk of the Executive
        Council of New Zealand; or

   (d)  a copy or extract of the instrument purporting to have been certified
        as a true copy or extract by a New Zealand Minister.

"(2) Evidence is not required of the handwriting or official position of a
person who certifies an instrument under subsection (1). Evidence of New
Zealand proclamations and other acts of state

"11G. Evidence of a proclamation or other act of state of New Zealand may be
given by producing a copy of it:

   (a)  that is proved to be an examined copy; or

   (b)  that purports to be sealed with the seal of New Zealand. Evidence of
        public documents admissible in New Zealand under New Zealand Acts

"11H. (1) If, under a New Zealand Act, a public document is admissible in
evidence, to any extent or for any purpose, the document is, without further
proof, admissible in evidence to the same extent and for the same purpose if
it purports to be sealed, stamped, signed, signed and sealed or signed and
stamped in accordance with the New Zealand Act.

"(2) If a document is admissible in evidence under subsection (1), a certified
copy of it, or a certified extract from it, is also admissible in evidence.
Evidence of other New Zealand public documents

"11J. If, under New Zealand law, a public document is admissible in evidence,
to any extent or for any purpose, without proof of:

   (a)  the seal, stamp or signature that authenticates it; or

   (b)  the judicial or official character of the person who appears to have
        signed it; the document is admissible in evidence to the same extent
        and for the same purpose without such proof. Evidence of New Zealand
        documents of a public nature

"11K. If a New Zealand document is of such a public nature as to be admissible
in evidence in New Zealand on its mere production from the proper custody, a
copy of or extract from it is admissible in evidence if the copy or extract:

   (a)  is proved to be an examined copy or extract; or

   (b)  purports to be signed and certified as a true copy or extract by a New
        Zealand officer who certifies that he or she has custody of it.

"Division 4-Evidence of other New Zealand matters New Zealand Gazette

"11L. The mere production of a document purporting to be the New Zealand
Gazette is evidence:

   (a)  that it is the New Zealand Gazette; and

   (b)  that it was published on the day shown on it as the day on which it
        was published. Evidence of printing under authority of New Zealand
        Government

"11M. The mere production of a document purporting to be printed under the
authority of the New Zealand Government is evidence that the document was so
printed. Acts done by New Zealand Governor-General or Minister

"11N. If, under New Zealand law, the Governor-General of New Zealand or a New
Zealand Minister is authorised or required to do an act, production of the New
Zealand Gazette purporting to contain a copy or notification of the act is
evidence that the act was properly done. By-laws and regulations under New
Zealand Acts

"11P. If, under a New Zealand Act, power to make by-laws or regulations is
conferred on a person or body, a document purporting:

   (a)  to contain the terms of a by-law or regulation made by the person or
        body under the Act; and

   (b)  to be printed under the authority of the New Zealand Government; is
        evidence that the by-law or regulation:

   (c)  was properly made in those terms; and

   (d)  if it appears to have been approved of or confirmed by the
        Governor-General of New Zealand-was so approved or confirmed.

"Division 5-Evidence relating to New Zealand judicial proceedings Evidence of
act or process of New Zealand court

"11Q. Evidence of a judgment, decree, rule, order or other act or process of a
New Zealand court, and of an affidavit, pleading or other legal document
lodged with a New Zealand court, may be given by producing a copy of it:

   (a)  that is proved to be an examined copy; or

   (b)  that purports to be sealed with the seal of the court.

"Division 6-Miscellaneous Part not to derogate from existing Australian laws

"11R. This Part is in addition to, and not in derogation of, any other law in
force in Australia.".