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Copyright Act 1994

Copyright Tribunal - Jurisdiction and procedure

217: Service of summons

You could also call this:

"How to give a witness a summons to attend court"

Illustration for Copyright Act 1994

You can serve a witness summons in three ways. You can deliver it personally to the person summoned. You can send it to their usual place of residence by a service that records delivery, or you can email it to them. You must serve the summons at least 24 hours before the person is required to attend if you deliver it personally. If you send it by recorded delivery or email, you must serve it at least 10 days before they are required to attend. If you send a summons by recorded delivery, it is treated as served when it would have been delivered in the ordinary course of business. If you email a summons, it is treated as served on the second working day after you email it, if you can prove you sent it to the correct email address.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346888.

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Crime and justice > Courts and legal help
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Part 10Copyright Tribunal
Jurisdiction and procedure

217Service of summons

  1. A witness summons may be served—

  2. by delivering the summons personally to the person summoned, or if he or she refuses to accept it, by bringing it to his or her attention; or
    1. by sending it to the person summoned, at that person’s usual place of residence, by a service that records delivery; or
      1. by emailing it to the person summoned at an email address that is used by that person.

        1. The summons shall,—

        2. where it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required; or
          1. where it is served under subsection (1)(b) or (c), be served at least 10 days before the date on which the attendance of the witness is required.

            1. A summons sent to a person in accordance with subsection (1)(b) must be treated as served on the person at the time when it would have been delivered in the ordinary course of business for the service it was sent by.

            2. In the absence of proof to the contrary, a summons emailed to a person in accordance with subsection (1)(c) must be treated as served on the person on the second working day after the date on which it is emailed, and, in proving that the summons was emailed, it is sufficient to prove that the summons was properly addressed and sent to the email address.

            Compare
            Notes
            • Section 217(1)(a): replaced, on , by section 16 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 217(1)(b): replaced, on , by section 57(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
            • Section 217(1)(c): inserted, on , by section 57(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
            • Section 217(2)(b): amended, on , by section 57(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
            • Section 217(3): replaced, on , by section 57(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).
            • Section 217(4): inserted, on , by section 57(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).