Trans-Tasman proceedings—application for leave to serve subpoena in New Zealand

In force

(1)

An application for leave to serve a subpoena in New Zealand must be made by application in the proceeding in which the subpoena is issued.

Note 1 See approved form 6.26 (Trans-Tasman proceedings—application for leave to serve subpoena in New Zealand) AF2026-69.

Note 2 Pt 6.2 (Applications in proceedings) applies to the application.

(2)

The application must be accompanied by—

(a)

a copy of the subpoena in relation to which leave is sought; and

Note 1 See approved form 6.27 (Trans-Tasman proceedings—subpoena) AF2026-70.

Note 2 Pt 6.9 (Subpoenas) applies to the subpoena.

(b)

an affidavit stating, briefly but specifically, the following:

(i)

the name, occupation and address of the person to be served with the subpoena (the addressee);

(ii)

whether the addressee is at least 18 years old;

(iii)

the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee;

(iv)

details of the steps taken to find out whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the addressee;

(v)

the date by which it is intended to serve the subpoena in New Zealand;

(vi)

details of the amounts to be given to the addressee to meet the addressee’s reasonable expenses of complying with the subpoena;

Note 1 The addressee is entitled to payment of a reasonable amount for expenses incurred in complying with the subpoena (see Trans-Tasman Proceedings Act, s 37 (1)).

Note 2 Before granting leave under the Trans-Tasman Proceedings Act to serve the subpoena, the court may require the person making the application to undertake to meet the expenses reasonably incurred by the addressee in complying with the subpoena if those expenses are more than the allowances and travelling expenses to be provided to the addressee at the time of service of the subpoena (see Trans-Tasman Proceedings Act, s 37 (4)).

Note 3 Expenses, in relation to a subpoena—see the Trans-Tasman Proceedings Act, s 4.

(vii)

details of how the amounts mentioned in subparagraph (vi) are to be given to the addressee;

(viii)

if the subpoena is a subpoena to give evidence—an estimate of the time that the addressee will be required to attend, to give evidence;

(ix)

any facts or circumstances known to the person making the affidavit that may give cause for the subpoena to be set aside under the Trans-Tasman Proceedings Act, section 36 (2) or (3) (Setting aside Australian subpoenas).

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6865 Trans-Tasman proceedings—application for leave to serve subpoena in New Zealand