New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

(2.) Evidence

(2.) Evidence.

21.	Testimony and evidence. The Court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter which, in the opinion of the Court, may assist the Court to deal effectually with the matters before it.
22.	Witnesses may be summoned. The Court may, by summons in writing under the hand of a Judge, require any person to appear before the Court, at such time and place as shall be specified in the summons, to give evidence in the matter of any proceeding; and such person may be required by such summons to produce any books, deeds, papers, and writings relating to such proceeding and in his possession or under his control.
23.	Penalty for disobedience. Any person on whom any such summons shall have been served personally, or in any manner prescribed, and to whom at the same time payment or a tender of his expenses shall have been made on the scale to be prescribed, and who shall neglect or fail without sufficient cause to appear, or to produce any books, deeds, papers, or page 10writings required by such summons to be produced; and any person, whether summoned to attend or not, who, being present in Court and being required to give evidence, shall refuse to be sworn or to give evidence, or who, having been sworn to give evidence in a proceeding, shall neglect or fail to appear at such time as the Court may direct for the purpose of giving further evidence in such proceeding, shall be liable to a penalty not exceeding twenty pounds, and, in default of payment, to be imprisoned for any term not exceeding fourteen days.
24.	Witness in custody. A Judge may, upon application on affidavit of any party to a proceeding, issue an order under his hand and the seal of the Court for bringing up before the Court any prisoner or person confined in any gaol, prison, or place under any sentence, or under any commitment for trial or otherwise, to be examined as a witness in such proceeding; and the person required by such order to be brought before the Court shall be so brought under the same care and custody, and to be dealt with in like manner in all respects, as a prisoner required by any writ of habeas corpus awarded by the Supreme Court of New Zealand to be brought before such Court, to be examined as a witness in any cause or matter depending before such Court, is now by law required to be dealt with: Provided always that the person having the custody of such prisoner or person shall not be bound to obey such order unless a tender be made to him of a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner or person in going to, remaining at, and returning from the Court.
25.	Evidence may be taken before another Judge. The Court may request any Judge or Stipendiary Magistrate to examine any person whose attendance cannot, by reason of distance or otherwise, be conveniently obtained. The Judge or Stipendiary Magistrate to whom such request is made shall summon such person to give evidence, and shall examine him accordingly. The evidence of such person shall be reduced to writing, and signed by him and by the Judge or Stipendiary Magistrate before whom the same is taken, and may be used by the Court in such manner as the circumstances of the case may require.
26.	Affidavits and affirmations. 26. Affidavits or affirmations to be used in any proceeding may be sworn or made respectively before a Judge, Registrar, Deputy Registrar, a solicitor of the Supreme Court, or a Justice of the Peace.
27.	Authority to valuer. The Court may authorise any valuer or other person to enter upon any land the subject of a proceeding; and any person impeding any one acting under such authority shall be liable to a penalty not exceeding twenty-five pounds, and in default of payment to imprisonment for a term not exceeding one month.