Section 150 — Family Proceedings Act 1980: Taking of evidence

150 Taking of evidence (1) Where in any proceedings under this Part of this Act, the evidence of any person is to be taken beyond New Zealand, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses out of New Zealand (not including, in the case of any proceedings under section 145 of this Act, any such rules that require any person to give an undertaking to be responsible for expenses incurred in the matter by any government, or that require any person to give security for such expenses). (2) Where a request is made to the Secretary by or on behalf of a Court in any country other than New Zealand, to obtain the evidence of a person residing in New Zealand in respect of any application made in connection with this Part of this Act, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses in New Zealand in respect of proceedings before foreign Courts or tribunals, notwithstanding that neither New Zealand nor that country is a party to any Convention relating to matters of civil procedure. (3) The rules of civil procedure in the High Court of New Zealand shall apply accordingly, with any necessary modifications, to the matters to which this section relates. Compare: 1968 No 62 s 72(8) Subsection (2) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by omitting the words “ for Justice ” .