Commonwealth Consolidated Acts

EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 - SECT 10

             (1)  Subject to subsections (2) and (3), service may only be effected in New Zealand in the same way in which the subpoena would be served in the State or Territory in which it was issued.

             (2)  Service must be in accordance with the directions (if any) given by the judge in giving leave.

             (3)  Service of the subpoena is effective only if it is accompanied by a copy of the order giving leave to serve the subpoena in New Zealand and by a notice in the prescribed form that:

                     (a)  sets out the rights and obligations of the person named in relation to the subpoena; and

                     (b)  includes information about the way in which an application to have the subpoena set aside may be made.

             (4)  If there is no prescribed form for notices accompanying subpoenas issued by a particular court, notices accompanying those subpoenas must be in the corresponding form under the Federal Court Rules, with such modifications as are necessary.

             (5)  In this section:

"prescribed" means prescribed by the regulations or by the Rules of Court of the court a judge of which gave leave for the subpoena to be issued.