Form 4—Notice to accompany subpoenaForm 4—Notice to accompany subpoena

Form 4—Notice to accompany subpoena

(section 10)

NOTICE TO WITNESS

THIS NOTICE IS VERY IMPORTANT

Please read this notice and the attached document(s) very carefully.

If you have any trouble understanding them you should get legal advice as soon as possible.

Attached to this notice is a subpoena. [If the process served is not called a subpoena, substitute the name of the process for the word ‘subpoena’ throughout this notice.]

The subpoena has been issued by [court or tribunal that issued the subpoena].

The subpoena may be served in NZ under section 30 of the Trans‑Tasman Proceedings Act 2010 (Cth).

This notice:

 sets out your rights relating to the subpoena; and

 sets out your obligations relating to the subpoena; and

 includes information about how you may apply to have the subpoena set aside.

YOUR RIGHTS

1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.

2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: ‘YOUR OBLIGATIONS’).

3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the [court or tribunal that issued the subpoena] that you be paid the additional amount you incurred.

4. You may apply to the [court that gave leave for the subpoena to be served] to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.

5. An application can be made and determined by that court without you having to go to Australia, or to retain Australian solicitors. All necessary arrangements can be made in NZ.

Note: Details of some of the grounds on which a subpoena can be set aside, and the procedures for setting aside a subpoena, are set out at the end of this notice.

YOUR OBLIGATIONS

1. Unless the subpoena is set aside, you must comply with the subpoena if:

   (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either: (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or (ii) a combination of money and vouchers (for example, travel tickets) to meet those expenses; and (b) you were given, with the subpoena, a copy of an order by a judge giving leave to serve the subpoena in NZ; and (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and (d) service of the subpoena complied with any other conditions specified in the order; and (e) when the subpoena was served on you, you were over the age of 18 years.