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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 Australian subpoenas in New Zealand

163: Service of Australian subpoenas in New Zealand

You could also call this:

"Getting an Australian court order to give evidence in New Zealand"

Illustration for Evidence Act 2006

If you get an Australian subpoena in New Zealand, it means you are being asked to give evidence in an Australian court. You can be served with this subpoena in New Zealand. When you get the subpoena, it must come with some extra information, including a copy of the order from the Australian court that says it is okay to serve you with the subpoena in New Zealand. It must also come with a statement that tells you about your rights and obligations, including how you can ask the Australian court to cancel the subpoena.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394255.

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

163Service of Australian subpoenas in New Zealand

  1. An Australian subpoena may be served on a witness in New Zealand.

  2. The subpoena must be accompanied by—

  3. a copy of the order of the Judge of the court of judicature within Australia by whom leave was granted to serve the subpoena in New Zealand; and
    1. a statement setting out the rights and obligations of the witness, including information about the way in which an application may be made to the appropriate Australian court to have the subpoena set aside.

      Compare
      Notes
      • Section 163(2)(a): amended, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).