Subpoenas served in New Zealand
INFORMATION SHEET
NOTE: This information sheet must be attached to and served with a Subpoena issued under the Family Law Rules 2004 to be served in New Zealand
Service of an Australian Subpoena in New Zealand
An Australian Subpoena may be served in New Zealand under the Evidence and Procedure (New Zealand) Act 1994 of Australia and the Evidence Amendment Act 1994 of New Zealand. These Acts set out the arrangements agreed between Australia and New Zealand concerning the service of Trans-Tasman Subpoenas.
Detailed rules of practice and procedure for Subpoenas issued under the Family Law Rules 2004 of Australia and to be served in New Zealand are set out in Division 15.3.4 of the Rules – ‘Subpoenas in Trans-Tasman Cases’.
NOTE: a Subpoena issued by an Australian court may only be served in New Zealand if leave is given under section 9 of the Evidence and Procedure (New Zealand) Act 1994.
Complying with this Australian Subpoena
If the Subpoena to which this information sheet is attached requires you to produce a document or anything else, then you may comply with it as set out in this paragraph instead of sending the document or thing to Australia. Not less than 10 days before the date on which you are required to produce the document or thing to the Court in Australia, you may instead produce it at any Registry of the High Court of New Zealand. When you do this, you must take the Subpoena with you so that the High Court of New Zealand can properly identify the case.
When you comply with this Subpoena in this way, the High Court of New Zealand will liaise with the Court that issued the Subpoena about providing to that Court the document or thing you have produced.
Failure to comply with this Subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 16 of the Evidence Amendment Act 1994 (New Zealand).
Setting aside a Subpoena or other orders
If you seek to set aside this Australian Subpoena or object to the production of any of the documents sought or seek any other orders including costs, then in addition to Rule 15.26 of the Family Law Rules 2004, see also Rule 15.36G and sections 13 and 14 of the Evidence and Procedure (New Zealand) Act 1994.
Further Information
Further information about these matters, including your rights and obligations, and how to make an application to have the subpoena set aside, is contained in the formal Notice to which the Subpoena is attached.
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* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.