Victorian Consolidated Regulations Victorian Consolidated Regulations(1) An application under section 31(1) of the Trans‑Tasman Proceedings Act for leave to serve a subpoena in New Zealand may be made—
(a) orally to the Court; and
(b) without summons or notice to any person.
(2) The application shall be supported by an affidavit—
(a) stating briefly, but specifically, the following—
(i) the name, occupation and address of the addressee;
(ii) whether the addressee has attained the age of 18 years;
(iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee;
(iv) 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 addressee;
(v) the date by which it is intended to serve the subpoena in New Zealand;
(vi) details of the amounts to be given to the addressee to meet the addressee's reasonable expenses of complying with the subpoena;
(vii) details of the way in which the amounts referred to in subparagraph (vi) are to be given to the addressee;
(viii) if the subpoena requires a specified person to give evidence, an estimate of the time that the addressee will be required to attend to give evidence;
(ix) any facts or matters known to the applicant that may be grounds for an application by the addressee to have the subpoena set aside, under section 36(2) or (3) of the Trans-Tasman Proceedings Act; and
(b) exhibiting a copy of the subpoena in relation to which leave is sought.
Note
Pursuant to section 37(4) of the Trans-Tasman Proceedings Act, the Court may make orders to ensure that the person complying with the subpoena receives the amount of the person's reasonable expenses in so complying.
Rule 7A.07 substituted by S.R. No. 97/2017 rule 4.