Criminal Practice Rules 1999

A party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act, section 38 (a certificate of noncompliance).

The application may be made—

if the proceeding in which the subpoena is issued is before the court—orally to the court; or

by filing the application.

The application must be accompanied by—

a copy of the subpoena; and

a copy of the order giving leave to serve the subpoena; and

an affidavit of service of the subpoena; and

a further affidavit stating the following—

whether any application was made to set aside the subpoena;

the material in support of an application mentioned in subparagraph (i);

any order that disposed of an application mentioned in subparagraph (i);

the material facts relied on for the issue of the certificate of noncompliance.