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New Zealand law explained for everyone

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

159: Subpoenas for production

You could also call this:

"What to do if you're asked to bring documents or things to a New Zealand court from Australia"

Illustration for Evidence Act 2006

If you get a New Zealand subpoena in Australia, it might ask you to produce documents or things. You can comply with this subpoena by taking the documents or things to a registry of an Australian court. You need to do this no later than 10 days before the date you are required to produce them in a New Zealand court.

The registry is a place in an Australian court where you can take your documents or things. This place must be allowed by Australian law to receive these documents or things.

You can find more information about this by looking at the law that was used to make this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394249.

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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

159Subpoenas for production

  1. A New Zealand subpoena that requires a witness in Australia to produce documents or things, but does not require the witness to give oral evidence, must state that the witness may comply with the subpoena by producing the documents or things at any registry of an Australian court not later than 10 days before the date specified in the subpoena as the date on which the documents or things are required for production in the New Zealand court.

  2. For the purposes of subsection (1), registry, in relation to an Australian court, means a registry of an Australian court authorised by a law of the Commonwealth of Australia to receive such documents or things.

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