(1) A person applying under the Trans-Tasman Proceedings Act , section 35 to set aside a subpoena served in New Zealand must make the application in the proceeding in which the subpoena was issued.
(2) The application must be accompanied by—(a) a copy of the subpoena; and(b) an affidavit stating the following—(i) the material facts on which the application is based;(ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.