Commonwealth Consolidated Acts

EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 - SECT 14

             (1)  The court may set aside the subpoena in whole or in part.

             (2)  The court must set the subpoena aside if:

                     (a)  the subpoena requires the person named to attend at a place in Australia and the court is satisfied that:

                              (i)  the person does not have the necessary travel documents and cannot by the exercise of reasonable diligence obtain them within the time permitted for compliance with the subpoena; or

                             (ii)  were the person to comply with the subpoena, he or she would be liable to be detained for the purpose of serving a sentence; or

                            (iii)  the person is liable to a prosecution, or is being prosecuted for an offence, in Australia; or

                            (iv)  the person is liable to the imposition of a penalty in civil proceedings in Australia (other than proceedings under the Trade Practices Act 1974 ); or

                     (b)  the court is satisfied that the person is subject to a restriction on his or her movements, imposed by law or by order of a court, that is inconsistent with the person complying with the subpoena.

             (3)  Without limiting the grounds on which the subpoena may be set aside, the court may set it aside if the court is satisfied that:

                     (a)  the evidence to be given by the person named could be obtained satisfactorily by other means without significantly greater expense; or

                     (b)  compliance with the subpoena would cause the person hardship or serious inconvenience; or

                     (c)  in the case of a subpoena for production:

                              (i)  the document or thing should not be taken out of New Zealand; and

                             (ii)  satisfactory evidence of the contents of the document, or satisfactory evidence of the thing, can be given by other means. or the person (if any) at whose request the subpoena was issued, objects.

             (4)  The court may determine the application without a hearing unless the applicant, or the person (if any) at whose request the subpoena was issued, objects.

             (5)  For the purposes of determining the application, the court may hold a hearing by video link or telephone, as the court directs.

             (6)  The court must hold a hearing in accordance with subsection (5) if the applicant requests, in the application or within a reasonable time after lodging the application, that the court exercise its powers under that subsection.