Commonwealth Consolidated Regulations

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS 1995 - REG 8

(1)

In this regulation:

(2) The Registrar of a court must accept for lodgment a document or thing that a person produces at a prescribed registry of the court for lodgment in compliance with a subpoena if the person:

(a)

produces the subpoena to an officer of the court; and

(b)

pays to the court an amount which, in the opinion of an officer of the court, is sufficient to meet the cost of transmitting the document or thing to the registry out of which the New Zealand court issued the subpoena.

(3)

If a document or thing referred to in subregulation

(2)

is lodged at the registry of the court, the Registrar of the court must:

(a)

cause a receipt to be issued to the person that:

(i)

describes the document or thing; and

(ii)

specifies the date on which the document or thing was lodged; and

(b)

cause a copy to be made of the subpoena; and

(c)

cause a copy of:

(i)

the receipt; and

(ii)

the subpoena;

to be sent by facsimile transmission to the registry, out of which the New Zealand court issued the subpoena, as soon as practicable after the document or thing is lodged; and

(d)

cause:

(i)

the document or thing; and

(ii)

a copy of the subpoena;

to be transmitted to the registry, out of which the New Zealand court issued the subpoena, by a means that will ensure that the document or thing, and the copy of the subpoena, will arrive at the registry before the date on which the document or thing is required to be produced to that court.

(4) For the purposes of paragraph (2) (b), the officer must form his or her opinion on the basis that the document or thing will be transmitted by a means that:

(a)

is reasonable; and

(b)

in the opinion of the officer is likely to ensure that the document or thing will arrive at the registry, out of which the New Zealand court issued the subpoena, before the date on which the document or thing is required to be produced to that court.