Uniform Civil Procedure Rules 2005

An application under the Trans-Tasman Proceeding Act for leave to serve a subpoena in New Zealand must be made by filing a notice of motion.

The notice of motion must be accompanied by—

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

an affidavit stating, briefly but specifically, the following—

the name, occupation and address of the person named,

whether the person named is over 18 years old,

the nature and significance of the evidence to be given, or the document or thing to be produced, by the person named,

details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person named,

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

details of the amounts to be tendered to the person named to meet the person named’s reasonable expenses of complying with the subpoena,

details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person named,

if the subpoena requires a specified person to give evidence—an estimate of the time that the person named will be required to attend to give evidence,

any facts or matters known to the person making the application that may be grounds for an application by the person named to have the subpoena set aside under section 36(2) or (3) of the Trans-Tasman Proceedings Act.