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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

158: Payment of additional amounts to witness

You could also call this:

"Getting extra money if you're a witness from Australia"

Illustration for Evidence Act 2006

If you are a witness who has complied with a New Zealand subpoena served on you in Australia, you are entitled to be paid for any reasonable expenses you incurred. You will get these expenses in addition to any expenses already paid or given to you under section 157. The person who obtained the subpoena, or the Crown if the subpoena was issued under a court direction, must pay these expenses.

The Crown must pay any required money from the Crown Bank Account. If there is a dispute, the court that issued the subpoena can make an order to specify the amount you are entitled to and require the person or the Crown to pay it.

If the court that made the order does not have the power to enforce it, the order can be filed in the District Court, where it can be enforced like a judgment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394248.

Topics:
Crime and justice > Courts and legal help
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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

158Payment of additional amounts to witness

  1. A witness who has complied with a New Zealand subpoena that was served on the witness in Australia is entitled to be paid any reasonable expenses incurred by the witness in complying with the subpoena in addition to any expenses paid or given to the witness under section 157.

  2. The expenses must be paid by the person who obtained the subpoena or, if the subpoena was issued under a direction of a New Zealand court, by the Crown.

  3. Any money required to be paid by the Crown under subsection (2) must be paid out of the Crown Bank Account.

  4. The court which issued the subpoena may, on the application of the person by whom the subpoena was obtained or the witness, make an order—

  5. specifying the amount to which the witness is entitled under this section; and
    1. requiring the person who obtained the subpoena or the Crown, as the case may be, to pay the amount to the witness.

      1. An order made under subsection (4) by a court which does not have the power to enforce its orders may be filed in the District Court and when filed, is enforceable as a judgment of the District Court.

      Compare
      • 1994 No 31 s 9
      Notes
      • Section 158(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).