36EApplication for leave to serve subpoena in New Zealand

36E Application for leave to serve subpoena in New Zealand

[Rule 36E Inserted by S.R. 2012, No. 65, Applied:11 Oct 2013]

(1)  In any criminal proceedings in the Court, a person may apply to the Court for leave to serve a subpoena in New Zealand.

(2)  An application under subrule (1) must be accompanied by –

(a) a copy of the subpoena in relation to which the leave is sought; and

(b) an affidavit stating, briefly but specifically, the following matters:

(i) the name, occupation and address of the addressee;

(ii) whether or not the addressee has attained the age of 18 years;

(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 by the applicant to ascertain whether the evidence, document or thing is able to 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;

(viii) if the subpoena requires the addressee to give evidence, an estimate of the time that the addressee will be required to attend Court to give the evidence;

(ix) any facts or matters known to the applicant 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.

(3)  Before granting leave to serve a subpoena under the Trans-Tasman Proceedings Act, the Court may require the applicant to make an undertaking that he or she will meet the reasonable expenses incurred by the addressee in complying with the subpoena if the expenses are likely to exceed the amounts to be tendered to the addressee as specified in the affidavit accompanying the subpoena.