1938
THE NEW ZEALAND GAZETTE.
No. 49

or such other evidence as the Court or a Judge thereof may require, make such order or orders as may be necessary to give effect to the intention of the Acts above mentioned in conformity with section 1 of the said Foreign Tribunals Evidence Act, 1856.

178B. An order made under the last preceding rule shall be in the form numbered 13A in the Appendix hereto, with such variations as circumstances may require.

178C. The examination may be ordered to be taken before any fit and proper person nominated by the person applying, and willing to act, or before the Registrar of the Court, as to the Court or Judge may seem fit.

178D. Unless otherwise provided in the order for examination, the person before whom the examination is taken, if other than the Registrar, shall upon completion thereof forward the same to the Registrar at the place where the Court or Judge sat on the making of the order.

178E. Upon the receipt thereof, or where the Registrar is appointed to take the examination upon the completion thereof, the Registrar shall append thereto a certificate in the form numbered 13B in the Appendix hereto, with such variations as circumstances may require, duly sealed with the seal of the Court.

178F. Where the commission, rogatoire, or letter of request has been transmitted to the Court through His Majesty’s Secretary of State for Foreign Affairs, the Registrar shall forward the depositions so certified, and the commission, rogatoire, or letter of request, to the said Secretary of State for transmission to such foreign Court or tribunal.

178G. Where the commission, rogatoire, or letter of request has been transmitted to the Court through any officer or representative of His Majesty’s Government in New Zealand, the Registrar shall forward the depositions so certified, and the commission, rogatoire, or letter of request, to His Excellency the Governor for transmission to such foreign Court or tribunal.

178H. An order made under Rule 178A may, if the Court or a Judge thereof thinks fit, direct the said examination to be taken in such manner as may be requested by the commission, rogatoire, or letter of request, or therein signified to be in accordance with the practice or requirements of such foreign Court or tribunal, or which may, for the same reason, be requested by the applicant for such order. But in the absence of any such special directions being given in the order for examination, the same shall be conducted according to the practice for the time being followed in the examination of witnesses by a Registrar under order of the Court, and where the examination is taken before the Registrar the same fees shall be payable as are prescribed for such examinations.

178I. Where a commission, rogatoire, or letter of request is transmitted to the Court either by His Majesty’s Secretary of State for Foreign Affairs or by any officer or representative of His Majesty’s Government in New Zealand, with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Court by the agents in New Zealand of the parties to the proceeding in such foreign Court or tribunal, the Registrar shall transmit the same to the Solicitor-General, who may thereupon, with the consent of the Minister of Finance, make such applications and take such steps as may be necessary to give effect to such commission, rogatoire, or letter of request in accordance with Rules 178A to 178H.

APPENDIX.
Form No. 13A.

In the Supreme Court of New Zealand,
District.

In the matter of the Foreign Tribunals Evidence Act, 1856 (19 and 20 Vict. c. 113) or section 24 of the Extradition Act, 1870 (33 and 34 Vict. c. 52);

and

In the matter of a civil [or commercial, or criminal] proceeding now pending before [Description of foreign tribunal], intituled as follows:—

Between
, Plaintiff,
and
, Defendant.

Upon reading the affidavit (if any) of
, filed the day of
, 19
, and the certificate (if any) of [Name and description of a Consul, Vice-consul, or Consular Agent of a foreign country], that proceedings are pending in a foreign tribunal, to wit, the [Description of foreign tribunal], in [Name of foreign country], and that such tribunal is desirous of obtaining the testimony of [Names of witnesses]: It is ordered that the said witness
do attend before [Name and address of examiner], who is hereby appointed examiner herein, at [Place appointed for examiner], on
day, the
day of
, 19
, at
o’clock in the
noon, or such other day and time as the said examiner may appoint, and do there submit to be examined upon oath or affirmation touching the testimony so required as aforesaid, and do then and there produce [Description of documents, if any, required to be produced].

And it is further ordered that the said examiner do take down in writing the evidence of the said witness [or witnesses], according to the rules and practice of this honourable Court pertaining to the examination of witnesses by a Registrar under order of this honourable Court [or as may be otherwise directed]; and do cause each and every such witness to sign his or her depositions in his the said examiner’s presence; and do sign the depositions taken in pursuance of this order [*and, when so completed, do transmit the same, together with this order, to the Registrar of this honourable Court at (Name of place where Court is sitting)].

Dated this
day of
, 19
.

• These words to be omitted if examination ordered before a Registrar.

—

Form No. 13B.

CERTIFICATE UNDER THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856, OR UNDER SECTION 24 OF THE EXTRADITION ACT, 1870.

I,
, Registrar of the Supreme Court of New Zealand, at
, in the Dominion of New Zealand, hereby certify that the documents annexed hereto are (1) the original order of the said Supreme Court dated the day of
, 19
, made in the matter of pending in the
, at
, in the
of
, directing the examination of certain witnesses to be taken before
; and (2) the examination and depositions taken by the said
pursuant to the said order, and duly signed and completed by him on the day of
, 19
.

Dated this
day of
, 19
.

J. F. ANDREWS,
Clerk of the Executive Council

Notice of Intention to change the Purpose of Portions of a Reserve in the Town of Reefton, Nelson Land District.

ISLINGTON, Governor.

WHEREAS by the Public Reserves and Domains Act, 1908, it is, amongst other things, enacted that the Governor may declare his intention to change, exchange, or alter the dedication of any public reserve now or hereafter vested in His Majesty or the Governor for any of the purposes named in Class II of the Second Schedule to the said Act, whether the same be granted or not; and in the case of any reserve made under the authority of section three hundred and twenty-one of the Land Act, 1908, if it shall, in the opinion of the Governor, be expedient to change the purpose for which such reserve was set apart to any other purpose, or if it shall, in the opinion of the Governor, be expedient to exchange any of the land comprised in such reserve for other land of equal value, to be dedicated to one or more of the purposes named in the said Class II, the Governor may, by notice gazetted, make such change, exchange, or dedication, as the case may be, and in such notice declare the manner and terms in which the same is intended to be so made:

Now, therefore, I, John Poynder Dickson-Poynder, Baron Islington, the Governor of the Dominion of New Zealand, do hereby, in exercise and pursuance of the powers and authorities vested in me by the Public Reserves and Domains Act, 1908, aforesaid, declare my intention to change the specific purpose of the portions of the reserve described in the second column of the Schedule hereto from that named in the first column of the said Schedule to those named respectively in the third column of the said Schedule.