460
THE NEW ZEALAND GAZETTE.
[No. 13

(c.) Where the Tribunal directs that evidence shall be taken on commission the evidence shall be returnable to the Tribunal, and copies shall be supplied by the Secretariat to any party or either Government Agent, or any other person interested, and in the opinion of the Tribunal entitled to the same, on application and payment.

(d.) Where it is desired that books, documents, or other objects in the possession or power of any person should be produced for the use of the Tribunal, application may at any time after the close of the written proceedings be made to the Tribunal to obtain their production. The Tribunal will thereupon, if it thinks fit, endeavour to obtain possession of such books, documents, or other objects by direct request addressed to such person, and, if such request is not complied with, will take such other steps as may be requisite and desirable to ensure production. Books, documents, or other objects so coming into the custody of the Tribunal shall, if the Tribunal thinks fit, be open to inspection by such persons and at such times as the Tribunal shall direct.

25. Should a party or either of the Government Agents desire to inspect any books or documents in the possession, power, or control of any party or of either Government Agent, he shall make application to that party or Agent to produce such books or documents for inspection; and if such production is refused, application therefor may be made to the Tribunal upon ten days’ notice being given to that party or Agent, and the Tribunal may make such order thereon as it thinks fit.

26. The Tribunal may of its own motion, at any stage of the proceedings, require evidence on any point.

27. The Tribunal may of its own motion, at any stage of the proceedings, require any party or either Government Agent to produce any book or document before it, or to allow any person designated by the Tribunal to examine and take extracts from any book or document in the possession of such party or Agent.

28. If in cases other than those under Article 296 any party or either of the Government Agents desires to submit a reasoned argument in writing, he may do so at any time after the written proceedings are closed, and not less than ten days before the date fixed for the hearing of the case; but such argument in writing shall be based only on facts alleged in the memorial, response, reply, or rejoinder.

The submission of such written argument shall not preclude the parties or Agents submitting it from also adducing oral argument. The Tribunal reserves the right, if it shall think fit, to require in addition oral argument in cases where only written argument has been submitted.

29. The President will on the conclusion of all preliminary matters fix the date and the place of hearing, and the Secretariat will inform the respective Government Agents and parties of his decision.

30. The hearing shall be in public, and the parties shall either by themselves or by counsel or other recognized advocate present their cases. In cases connected with patents the parties may by leave of the Tribunal be represented by patent agents and Patentanwälte. Unless otherwise ordered, the Claimant shall begin and have the right of reply.

31. (a.) The parties shall have the right themselves to give evidence, and shall, if required by the Tribunal, do so. Each party may call such witnesses as he pleases before the Tribunal, and may question them by himself or his counsel or admitted representative. Each party shall have the right to question any witness called by the other party (including the opposite party himself), whether before the Tribunal itself or elsewhere, by himself or by counsel or other admitted representative.

If the party who does not call the witness questions him, the party who has called him may thereupon put further questions to the witness on matters arising out of the questions put to the witness by the other party. Unless the Tribunal shall otherwise order, no further questions shall be put to the witness by or on behalf of the parties. The Tribunal, however, will at any stage put any questions that it may think fit:

Provided always that a party to a case shall not be summoned or compelled to give evidence unless the Tribunal shall have given leave for such witness to be summoned or to give evidence, or unless the Tribunal shall have required of its own motion that such party shall attend and give evidence.

(b.) No oath shall be required from or administered to any witness before the Tribunal, or on any Commission ordered by the Tribunal, unless the Tribunal otherwise directs.

32. The Tribunal may at any stage of the proceedings obtain a report from any person on any particular point, such person to be agreed upon by the parties, or, in default of agreement, to be appointed by the Tribunal. The Tribunal may view any premises, locally, or object if it deem such a view necessary.