Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p97
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 97/154)
Character Range: 448230–450909

the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the addressee;
 (v) the date by which it is intended to serve the subpoena in New Zealand;
 (vi) details of the amounts to be tendered to the addressee to meet the addressee's reasonable expenses of complying with the subpoena;
 (vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the addressee; and
 (viii) if the subpoena requires a specified person to give evidence—an estimate of the time that the addressee will be required to attend, to give evidence; and
 (ix) any facts or matters known to the person making the application that may be grounds for an application by the addressee to have the subpoena set aside, under section 36(2) or (3) of the Trans‑Tasman Proceedings Act.
Note: Before granting leave under the Trans‑Tasman Proceedings Act to serve the subpoena, the Court may require the person making the application to undertake to meet the expenses reasonably incurred by the addressee in complying with the subpoena if those expenses exceed the allowances and travelling expenses to be provided to the addressee at the time of service of the subpoena.

34.67  Form of subpoena
  A subpoena to which this Division applies must be in accordance with:
 (a) for a subpoena to give evidence—Form 98A; or
 (b) for a subpoena to produce documents—Form 98B;
 (c) for a subpoena to give evidence and produce documents—Form 98C.

34.68  Application to set aside subpoena
 (1) A person who wants to make an application to set aside a subpoena served in New Zealand must file an interlocutory application in the proceeding in which the subpoena was issued.
 (2) The application must be filed in the District Registry in which the order of the Court granting leave to serve the subpoena in New Zealand was made.
 (3) The application must be accompanied by:
 (a) a copy of the subpoena; and
 (b) an affidavit stating:
 (i) the material facts on which the application is based; and
 (ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.

34.69  Application for issue of certificate of non‑compliance with subpoena
 (1) A party may apply to the Court for the issue of a certificate of non‑compliance with a subpoena.
 (2) An application may be made:
 (a) if the proceeding in which the subpoena was issued is before the Court—orally to the Court; or
 (b) by filing an interlocutory application.
 (3) The application must be accompanied by:
 (a) a copy of the subpoena; and
 (b) a copy of the order giving leave to serve the subpoena; and