Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the proceeding is in an Australian court, the subpoena must not be served in New Zealand without the leave of the court.
(2) If the proceeding is in an Australian tribunal, the subpoena must not be served in New Zealand without the leave of an inferior Australian court.
(3) Without limiting the matters that the court may take into account in deciding whether to give leave under subsection ( 1) or (2), the court must take into account:
(a) the significance of the evidence to be given, or the document or thing to be produced, by the person named; and
(b) whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience to the person named.
(4) In giving leave, the court:
(a) must impose a condition that the subpoena not be served after a specified day; and
(b) may impose other conditions.
(5) The court must not give leave if the person named is less than 18 years old.