Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A party may request permission to do any of the following things by electronic communication at a court event:
(a) attend;
(b) make a submission;
(c) give evidence;
(d) adduce evidence from a witness.
(2) Before making a request, the party must ask any other party whether the other party agrees, or objects, to the use of electronic communication for the purpose proposed by the party.
(3) A request must:
(a) be in writing; and
(b) be made at least 5 business days before the date fixed for the court event, or if the court event is a trial, at least 28 days before the date fixed for the trial to start; and
(c) set out the facts relied on in support of the request; and
(d) set out details of the notice in relation to the request that has been given to any other party; and
(e) state whether any other party agrees or objects to the request; and
(f) state the expense to be incurred by using the electronic communication.
Note: Requests made after the relevant date set out in paragraph (3)(b) above may not be considered.
(4) The facts referred to in paragraph (3)(c) above must include the following:
(a) what the party seeks permission to do by electronic communication;
(b) the kind of electronic communication to be used;
(c) if the party proposes to give evidence, make a submission or adduce evidence from a witness by electronic communication--the place from which the party proposes to give or adduce the evidence, or make the submission;
(d) the facilities at the place referred to in paragraph (4)(c) that will enable all eligible persons present in that place to see or hear each eligible person in the place where the court is sitting;
(e) if the party seeks to adduce evidence from a witness by electronic communication:
(i) whether an affidavit by the witness has been filed; and
(ii) whether the party seeks permission for the witness to give oral evidence; and
(iii) the relevance of the evidence to the issues; and
(iv) whether the witness is an expert witness; and
(v) the name, address and occupation of any person who is to be present when the evidence is given, unless disclosing this address would compromise the person's safety; and
(vi) if the party proposes to refer the witness to a document--whether the document has been filed and whether the witness will have a copy of the document; and
(vii) whether an interpreter is required and, if so, what arrangements are to be made;
(f) the expense of using the electronic communication, including any expense to the court, and the party's proposals for paying those expenses;
(g) whether the other parties object to the use of electronic communication for the purpose specified in the request and, if so, the reason for the objection;
(h) if the request relates to evidence to be adduced from a witness in a foreign country (as defined by subrule 15.17(2))--the matters required to be addressed under rule 15.17;
(i) if the request relates to a remote appearance from New Zealand--the matters required to be addressed under Division 2 of Part 6 of the Trans-Tasman Proceedings Act 2010 .
(5) A request may be considered in chambers, on the documents.
(6) The court may take the following matters into account when considering a request:
(a) the distance between the party's residence and the place where the court is to sit;
(b) any difficulty the party has in attending because of illness or disability;
(c) the expense associated with attending;
(d) the expense to be incurred, or the savings to be made, by using the electronic communication;
(e) any concerns about security, including family violence and intimidation;
(f) whether any other party objects to the request;
(g) the nature of the hearing.
(7) If the court grants the request, the court may:
(a) order a party to pay the expense of using the electronic communication; or
(b) apportion the expense between the parties.
(8) If a request is granted, the party who made the request must immediately give written notice to the other parties.