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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

164: Compliance with Australian subpoena

You could also call this:

"What to do if you get an Australian subpoena in New Zealand"

Illustration for Evidence Act 2006

If you are a witness and you get an Australian subpoena in New Zealand, you must do what it says. You have to follow the instructions in the subpoena. This is because the law says you must comply with it.

But there are some exceptions, if the subpoena was not given to you correctly, according to section 163 and the rules of the Australian court that issued it, you do not have to follow it. You also do not have to comply with the subpoena if you are not given enough money to cover your expenses, like travel costs, at the right time. The right time is when you get the subpoena or a reasonable time before you have to do what it says.

If you are under 18 years old, you do not have to follow the subpoena either. The law is trying to make sure you are treated fairly and that following the subpoena is not too hard for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394256.

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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

164Compliance with Australian subpoena

  1. A witness served with an Australian subpoena must comply with the subpoena.

  2. Despite subsection (1), a witness served with an Australian subpoena is not required to comply with the subpoena if—

  3. the subpoena is not served on the witness in accordance with section 163 and the law and rules that apply to the issue and service of the subpoena in the Australian court that issued it; or
    1. allowances and travelling expenses or vouchers in substitution for allowances and travelling expenses sufficient to meet the witness’s reasonable expenses of complying with the subpoena are not given or paid to the witness at the appropriate time; or
      1. the witness is under the age of 18 years.

        1. In this section, the appropriate time means the time of service of the subpoena or at some other reasonable time before the witness is required to comply with it.

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