Criminal Rules 2006

A party to criminal proceedings may apply to the Court for the issue, under section 38 of the Trans-Tasman Proceedings Act, of a certificate of non-compliance with a subpoena issued in respect of the proceedings.

An application under subrule (1) may be made – if the proceeding in which the subpoena was issued is before the Court, orally to the Court; or by filing an application in the proceeding.

An application under subrule (1) must be accompanied by – a copy of the subpoena; and a copy of the order, under section 31 of the Trans-Tasman Proceedings Act, 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; if such an application referred to in subparagraph (i) was made – the material provided in support of the application; and any order that disposed of the application; the material facts relied on for the application for the certificate of non-compliance.