(1) A party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a
"certificate of noncompliance" ).
(2) The application may be made—(a) if the proceeding in which the subpoena is issued is before the court—orally to the court; or(b) by filing the application.
(3) The application must be accompanied by—(a) a copy of the subpoena; and(b) a copy of the order giving leave to serve the subpoena; and(c) an affidavit of service of the subpoena; and(d) a further affidavit stating the following—(i) whether any application was made to set aside the subpoena;(ii) the material in support of an application mentioned in subparagraph (i) ;(iii) any order that disposed of an application mentioned in subparagraph (i) ;(iv) the material facts relied on for the issue of the certificate of noncompliance.Note—A certificate of noncompliance is to be stamped by the registrar with the seal of the court.