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

161: Failure to comply with subpoena

You could also call this:

"What happens if you don't follow a court order to give information or evidence"

Illustration for Evidence Act 2006

If you do not comply with a New Zealand subpoena served in Australia, the court that issued the subpoena can give a certificate. This certificate says a Judge gave permission to serve the subpoena and you failed to comply with it. The court can do this on its own or if a party to the proceedings asks for it, and it must be in the prescribed form, which you can find out more about by looking at the relevant court rules or by checking the Trans-Tasman Proceedings Act 2010 for more information. You can also look at section 12 of the 1994 Act to compare. The court's decision is based on the fact that you did not follow the subpoena, and this can have serious consequences.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394252.


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"Canceling a New Zealand court order served in Australia"


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162: Other powers not affected, or

"Other court powers still apply"

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

161Failure to comply with subpoena

  1. If a witness fails to comply with a New Zealand subpoena served in Australia, the court which issued the subpoena may, on the application of a party to the proceedings in which the subpoena was obtained, or of its own motion, give a certificate in the prescribed form stating that—

  2. a Judge of the relevant court has given leave to serve the subpoena issued by the court giving the certificate; and
    1. the witness failed to comply with the subpoena.
      Compare
      Notes
      • Section 161(a): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).