Commonwealth Consolidated Acts

EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 - SECT 13

             (1)  The person named in the subpoena may apply for the subpoena to be set aside.

             (2)  The application must be made to the court a judge of which gave leave for the subpoena to be served.

             (3)  The application must contain an address in Australia or New Zealand that is the applicant's address for service.

             (4)  Any document in the proceedings may be served on the applicant by:

                     (a)  leaving it at that address; or

                     (b)  faxing it to the applicant at that address; or

                     (c)  sending it by post to the applicant at that address.

             (5)  The Registrar of the court must cause a copy of the application, and any affidavit setting out facts on which the applicant wishes to rely in support of the application, to be served on:

                     (a)  the solicitor on the record for the person who obtained leave to serve the subpoena in New Zealand; or

                     (b)  if there is no solicitor on the record‑that person.

             (6)  Without limiting the ways in which the application may be made under the law and rules applicable to the court to which the application is made, it may be made by transmitting the application to the court by fax.

             (7)  This section is in addition to, and not in derogation of, any Rules of Court.