6867Trans-Tasman proceedings—noncompliance with

6867 Trans-Tasman proceedings—noncompliance with subpoena served in New Zealand (1) This rule applies in relation to a subpoena issued by a court (the issuing court) if leave to serve the subpoena in New Zealand has been given under the Trans-Tasman Proceedings Act, section 31. (2) A party may apply to the issuing court for the issue of a certificate of non-compliance with the subpoena. Trans-Tasman proceedings—service of subpoenas in New Zealand Division 6.10A.3 Rule 6867 (3) 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 application. Note 1 If a person named in a subpoena fails to comply with it, the court that issued the subpoena may issue a certificate of noncompliance under the Trans-Tasman Proceedings Act, s 38. See approved form 6.28 (Trans-Tasman proceedings—certificate of noncompliance with subpoena) AF2011-145. Note 3 A certificate of noncompliance is issued if it has been sealed or stamped by the court (see dict). (4) The application must be accompanied by— (a) a draft of the certificate of noncompliance; and (b) a copy of the subpoena; and (c) a copy of the order giving leave to serve the subpoena; and (d) an affidavit of service of the subpoena; and (e) a further affidavit stating the following: (i) whether an application was made to set aside the subpoena; (ii) the material in support of any application in subparagraph (i); (iii) any order that disposed of the application in subparagraph (i); (iv) the material facts relied on for the issue of a certificate of non-compliance. Division 6.10A.4 Trans-Tasman proceedings—remote appearances Rule 6868 Division 6.10A.4 Trans-Tasman proceedings—remote appearances 6868 Trans-Tasman proceedings—application for order for use of audio link or audiovisual link from New Zealand (1) A party to a proceeding to which the Trans-Tasman Proceedings Act part 6, division 2 applies may apply for an order that evidence be taken, or submissions be made, by audio link or audiovisual link. Note 1 See approved form 6.29 (Trans-Tasman proceedings—application for order to use audio link or audiovisual link) AF2024-50. (2) Subrule (1) does not apply to a request mentioned in rule 6866 (3) (b) (ii). Division 6.10A.5 Trans-Tasman proceedings— enforcement of NZ judgments