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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

156: Service of subpoena

You could also call this:

"How to give someone a subpoena when they are in another country"

Illustration for Evidence Act 2006

If you get a subpoena from New Zealand while you are in Australia, it must be given to you according to New Zealand law. The person serving the subpoena must give you some extra information with it, including a copy of the order that says it is okay to serve the subpoena in Australia. You will also get a statement that explains your rights and what you have to do, and it will tell you how to ask for the subpoena to be cancelled, and this can be affected by directions given under section 154(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394245.

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

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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

156Service of subpoena

  1. A New Zealand subpoena served on a witness in Australia must be served in accordance with New Zealand law.

  2. The subpoena must not be served in Australia unless it is accompanied by—

  3. a copy of the order granting leave to serve the subpoena; and
    1. a statement in the prescribed form that—
      1. sets out the rights and obligations of the witness in relation to the subpoena; and
        1. includes information about the way in which an application may be made to have the subpoena set aside.

        2. Subsection (1) is subject to any directions as to service imposed under section 154(5).

        Compare
        • 1994 No 31 s 7