Document ID: chunk:federal_register_of_legislation:F2024C00983:clause:1_1:p3
Version: federal_register_of_legislation:F2024C00983
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/8)
Character Range: 23229–25857

and
       (e) when the subpoena was served on you, you were over the age of 18 years.
   2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena. You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand no later than 10 days before the date specified for production in the subpoena. When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.

FAILURE TO COMPLY WITH THE SUBPOENA
    If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10,000 may be imposed.

GROUNDS FOR SETTING ASIDE A SUBPOENA
   1. If you apply for the subpoena to be set aside, the court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and:
       (a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
       (b) compliance with the subpoena would make you liable to be detained for the purpose of serving a sentence; or
       (c) you are being prosecuted or you are liable to prosecution for an offence in Australia; or
       (d) you are liable to the imposition of a penalty in a civil proceeding in Australia (other than a proceeding under the Competition and Consumer Act 2010 (Cth)); or
       (e) the court is satisfied that you are subject to a restriction on your movements imposed by law or an order of a court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions, or terms of a community based sentence).
   2. The court may set aside the subpoena on other grounds, including:
       (a) the evidence you would give in the proceeding can be obtained satisfactorily by other means without significantly greater expense; or
       (b) compliance with the subpoena would cause you hardship or serious inconvenience; or
       (c) if the subpoena requires you to produce a document or thing:
          (i) that document or thing should not be taken out of NZ; and
          (ii) satisfactory evidence of the contents of