Criminal Practice Rules 1999

A party to a proceeding who requires the leave of the court to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act, section 31 must make an application for leave in the proceeding in which the subpoena was issued.

The application 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 in the subpoena;

whether the person is over 18 years;

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

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;

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

details of the amounts to be tendered to the person to meet the person’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;

if the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;

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

Despite rules 57 and 98, a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court.