Magistrates' Court General Civil Procedure Rules 2020

A party 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.

An application may be made—

orally to the Court; and

without summons or notice to any person.

The application must be supported by—

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 any application to set aside the subpoena;

any order that disposed of any application to set aside the subpoena;

the material facts relied on for the issue of a certificate of non‑compliance.

The affidavit referred to in paragraph (3)(b) must exhibit—

a copy of the subpoena; and

a copy of the order giving leave to serve the subpoena.

For the purposes of this Rule, the Court may be constituted by a registrar.