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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

166: Transmission of documents or things to Australian court

You could also call this:

"Sending documents to an Australian court when they ask for them"

Illustration for Evidence Act 2006

When you produce a document or thing in response to an Australian subpoena, the Registrar at the High Court must accept it if you pay the right amount. The Registrar then tells the Australian court that issued the subpoena that you have produced the document or thing, using a fast way like facsimile. The Registrar sends the document or thing to the Australian court quickly, so it arrives before the required date.

The right amount to pay is the cost of sending the document or thing to the Australian court in time. This means using a method that ensures it is received by the court before the date it is needed.

You can find more information about this by looking at the relevant legislation from 1994.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394259.

Topics:
Crime and justice > Courts and legal help
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165: Failure of witness to comply with Australian subpoena, or

"What happens if you don't follow a subpoena from an Australian court"

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167: Other powers to serve subpoenas not affected, or

"This law doesn't change how Australia can give subpoenas to Australian citizens in New Zealand."

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

166Transmission of documents or things to Australian court

  1. The Registrar holding office at the registry of the High Court at which a document or thing is produced in compliance with an Australian subpoena must, on payment of the appropriate sum, accept the document or thing, and,—

  2. as soon as practicable, inform the Registrar of the Australian court that issued the subpoena, by facsimile or similar means of communication, that the document or thing has been produced; and
    1. send the document or thing, without delay, to the Australian court before the date on which it is required to be produced to that court.

      1. In this section, the appropriate sum in relation to a document or thing required to be produced in compliance with an Australian subpoena, means a sum that is sufficient to send the document or thing to the Australian court that issued the subpoena by a means that will ensure it is received by the court before the date on which it is required to be produced.

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