Commonwealth Consolidated Acts

EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 - SECT 9

             (1)  If the proceeding is in a superior court, the subpoena must not be served in New Zealand without the leave of a judge of the court.

             (2)  If the proceeding is in an inferior court, the subpoena must not be served in New Zealand without the leave of a judge of:

                     (a)  in any case--the Federal Court of Australia; or

                     (b)  if the inferior court is a court of a particular State or Territory--the Supreme Court of that State or Territory.

             (3)  Without limiting the matters that the judge may take into account in deciding whether to give leave, the judge is to take into account:

                     (a)  the significance of the evidence to be given, or the document or thing to be produced, by the person named; and

                     (b)  whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience to the person named.

             (4)  In giving leave, the judge:

                     (a)  is to impose a condition that the subpoena not be served after a specified day; and

                     (b)  may impose other conditions.

             (5)  The judge must not give leave if the person named is less than 18 years old.