sec.123DApplication for leave to serve attendance notice in New Zealand

sec.123D Application for leave to serve attendance notice in New Zealand

A party to a proceeding who requires the leave of the court to serve an attendance notice in New Zealand under the Trans-Tasman Proceedings Act , section 31 must make an application for leave in the proceeding in which the attendance notice was issued. See the Trans-Tasman Proceedings Act , section 4 , definition subpoena . The application must be accompanied by— a copy of the attendance notice in relation to which leave is sought; and an affidavit stating, briefly but specifically, the following— the name, occupation and address of the person named in the attendance notice; whether the person is over 18 years; the nature and significance of the evidence to be given, or the document or thing to be produced, by the person; 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 person; the date by which it is intended to serve the attendance notice in New Zealand; details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the attendance notice; details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person; if the attendance notice requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence; any facts or matters known to the party making the application that may be grounds for an application by the person to have the attendance notice set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) . See the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve an attendance notice in New Zealand. See also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with an attendance notice. Despite rule 228 , a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court. r 123D ins 2013 SL No. 98 s 3 (sec.123D-ssec.1) A party to a proceeding who requires the leave of the court to serve an attendance notice in New Zealand under the Trans-Tasman Proceedings Act , section 31 must make an application for leave in the proceeding in which the attendance notice was issued. See the Trans-Tasman Proceedings Act , section 4 , definition subpoena . (sec.123D-ssec.2) The application must be accompanied by— a copy of the attendance notice in relation to which leave is sought; and an affidavit stating, briefly but specifically, the following— the name, occupation and address of the person named in the attendance notice; whether the person is over 18 years; the nature and significance of the evidence to be given, or the document or thing to be produced, by the person; 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 person; the date by which it is intended to serve the attendance notice in New Zealand; details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the attendance notice; details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person; if the attendance notice requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence; any facts or matters known to the party making the application that may be grounds for an application by the person to have the attendance notice set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) . See the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve an attendance notice in New Zealand. See also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with an attendance notice. (sec.123D-ssec.3) Despite rule 228 , a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court.