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Evidence Act 2006

Evidence from overseas or to be used overseas - Proceedings in Australia and New Zealand - Service of and compliance with New Zealand subpoenas in Australia

154: Service of New Zealand subpoenas in Australia

You could also call this:

"Serving New Zealand court orders in Australia: how to get permission and follow the rules"

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If you want to serve a New Zealand subpoena on a witness in Australia, you need to get permission from a Judge of the relevant court. The Judge will think about how important the evidence is and whether you can get it in another way that is not too expensive or inconvenient for the witness. The Judge can give you permission, but might add some conditions, like a deadline for serving the subpoena. You cannot serve a subpoena on someone under 18 years old. The Judge can also tell you how to serve the subpoena, and you must follow the rules of the court. You can find more information by looking at the Trans-Tasman Proceedings Act 2010 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394243.

Topics:
Crime and justice > Courts and legal help
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155: New Zealand subpoena may require evidence to be given in New Zealand or Australia, or

"Getting a New Zealand subpoena in Australia may mean you have to give evidence in New Zealand or Australia."

Part 4Evidence from overseas or to be used overseas
Proceedings in Australia and New Zealand: Service of and compliance with New Zealand subpoenas in Australia

154Service of New Zealand subpoenas in Australia

  1. A New Zealand subpoena may, with the leave of a Judge of the relevant court, be served on a witness in Australia.

  2. In determining whether to grant leave the Judge must, in addition to any other matter that the Judge considers relevant, have regard to—

  3. the significance of the oral evidence to be given, or the document or thing to be produced, or both; and
    1. whether the oral evidence to be given, the document or thing to be produced, or both could be obtained without significantly greater expense by other means and with less inconvenience to the witness.

      1. The Judge may grant leave subject to any conditions that the Judge thinks fit, and must impose a condition that the New Zealand subpoena is not to be served after a specified date.

      2. The Judge must not grant leave if the subpoena is addressed to a witness who has not attained the age of 18 years.

      3. The Judge may give directions as to service.

      4. This section is subject to the applicable rules of court.

      Compare
      • 1994 No 31 s 5
      Notes
      • Section 154(1): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).