sec.118Application for issue of certificate of noncompliance with subpoena

sec.118 Application for issue of certificate of noncompliance with subpoena

A party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ). The application may be made— if the proceeding in which the subpoena is issued is before the court—orally to the court; or by filing the application. The application must be accompanied by— a copy of the subpoena; and a copy of the order giving leave to serve the subpoena; and an affidavit of service of the subpoena; and a further affidavit stating the following— whether any application was made to set aside the subpoena; the material in support of an application mentioned in subparagraph (i) ; any order that disposed of an application mentioned in subparagraph (i) ; the material facts relied on for the issue of the certificate of noncompliance. A certificate of noncompliance is to be stamped by the registrar with the seal of the court. (sec.118-ssec.1) A party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ). (sec.118-ssec.2) The application may be made— if the proceeding in which the subpoena is issued is before the court—orally to the court; or by filing the application. (sec.118-ssec.3) The application must be accompanied by— a copy of the subpoena; and a copy of the order giving leave to serve the subpoena; and an affidavit of service of the subpoena; and a further affidavit stating the following— whether any application was made to set aside the subpoena; the material in support of an application mentioned in subparagraph (i) ; any order that disposed of an application mentioned in subparagraph (i) ; the material facts relied on for the issue of the certificate of noncompliance. A certificate of noncompliance is to be stamped by the registrar with the seal of the court.

• (a) if the proceeding in which the subpoena is issued is before the court—orally to the court; or
• (b) by filing the application.
• (a) a copy of the subpoena; and
• (b) a copy of the order giving leave to serve the subpoena; and
• (c) an affidavit of service of the subpoena; and
• (d) a further affidavit stating the following— (i) whether any application was made to set aside the subpoena; (ii) the material in support of an application mentioned in subparagraph (i) ; (iii) any order that disposed of an application mentioned in subparagraph (i) ; (iv) the material facts relied on for the issue of the certificate of noncompliance.
• (i) whether any application was made to set aside the subpoena;
• (ii) the material in support of an application mentioned in subparagraph (i) ;