Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p96
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 96/154)
Character Range: 445792–448473

Act (other than under section 67 of that Act) must file an originating application, in accordance with:
 (a) Form 15; and
 (b) rules 8.01 and 8.03.
 (2) The application must be accompanied by an affidavit that states the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against the respondent at the hearing.
 (3) An application under section 67 of the Trans‑Tasman Proceedings Act must be made in accordance with subsection 67(5) of that Act.

34.64  Interlocutory application under Trans‑Tasman Proceedings Act
  A party to a proceeding that has already started who wants to apply for an order under the Trans‑Tasman Proceedings Act must file:
 (a) an interlocutory application, in accordance with:
 (i) Form 35; and
 (ii) rule 17.01; and
 (b) an accompanying affidavit.

34.65  Application for interim relief
 (1) A person who wants to apply to the Court for an order for interim relief, under section 25 of the Trans‑Tasman Proceedings Act, must file an originating application, in accordance with Form 96.
 (2) The application must be accompanied by an affidavit stating:
 (a) if the person has started a proceeding in a New Zealand court:
 (i) that the person has started a proceeding in a New Zealand court; and
 (ii) the relief sought in the New Zealand proceeding; and
 (iii) the steps taken in the New Zealand proceeding; or
 (b) if the person intends to start a proceeding in the New Zealand court:
 (i) when the intended proceeding will be started; and
 (ii) the court in which the intended proceeding is to be started; and
 (iii) the relief to be sought in the intended proceeding; and
 (c) the interim relief sought;
 (d) why the interim relief should be given.

34.66  Application for leave to serve subpoena in New Zealand
 (1) A person who wants to make an application for leave to serve a subpoena in New Zealand must file an interlocutory application, in accordance with Form 97.
 (2) The application must be accompanied by:
 (a) a copy of the subpoena in relation to which leave is sought; and
 (b) an affidavit stating, briefly but specifically, the following:
 (i) the name, occupation and address of the addressee;
 (ii) whether the addressee is over 18 years old;
 (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee;
 (iv) details of the steps taken to ascertain whether 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